Rule 4 of CPC : Rule 4: Recording of evidence.

Explanation using Example

Example 1:

Case: Property Dispute

Scenario: Rajesh and Suresh are involved in a property dispute. Rajesh claims that a piece of land belongs to him, while Suresh argues that it was sold to him by Rajesh's father.

Application of Rule 4:

1. Examination-in-Chief on Affidavit: Rajesh calls his uncle, who witnessed the transaction, as a witness. Rajesh's lawyer submits the uncle's examination-in-chief in the form of an affidavit to the court and provides a copy to Suresh's lawyer.
2. Simultaneous Filing: Both Rajesh and Suresh are required to file the affidavits of all their witnesses simultaneously at the first Case Management Hearing.
3. Additional Evidence: Suresh later finds another witness who can testify about the transaction. He files an application to the court explaining the reason for the delay and seeks permission to submit an additional affidavit. The court grants permission after considering the reasons.
4. Withdrawal of Affidavit: Rajesh decides to withdraw his uncle's affidavit before the cross-examination begins. The court allows this without drawing any adverse inference. However, Suresh's lawyer can still use any admissions made in the withdrawn affidavit.
5. Cross-Examination: The court appoints a Commissioner to record the cross-examination and re-examination of Rajesh's uncle. The Commissioner records the evidence in writing and submits it to the court.
6. Commissioner's Report: The Commissioner submits the report within sixty days, detailing the evidence and any remarks on the witness's demeanor. The court includes this report as part of the case record.
7. Remuneration: The court fixes the remuneration for the Commissioner as per the general order.

Example 2:

Case: Breach of Contract

Scenario: Priya sues a construction company for not completing her house on time as per the contract. The construction company argues that the delay was due to unforeseen circumstances.

Application of Rule 4:

1. Examination-in-Chief on Affidavit: Priya submits an affidavit from her architect, detailing the delays and the impact on the construction schedule. A copy of this affidavit is provided to the construction company's lawyer.
2. Simultaneous Filing: Both Priya and the construction company file the affidavits of their respective witnesses at the first Case Management Hearing.
3. Additional Evidence: The construction company wants to submit an affidavit from a new expert witness. They file an application explaining the necessity and the court grants permission for the additional affidavit.
4. Withdrawal of Affidavit: Priya decides to withdraw her architect's affidavit before the cross-examination. The court allows this, but the construction company can still use any admissions made in the withdrawn affidavit.
5. Cross-Examination: The court decides to record the cross-examination and re-examination of Priya's architect itself. The judge records the evidence mechanically in the presence of both parties.
6. Commissioner's Report: Since no Commissioner is appointed, there is no report. The evidence recorded by the judge forms part of the case record.
7. Remuneration: Not applicable as no Commissioner is appointed.

These examples illustrate how Rule 4 of Order XVIII under the Code of Civil Procedure, 1908, is applied in real-life legal scenarios in India.