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The Code of Civil Procedure, 1908: page 144

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 144, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     1
     [3A. Party to appear before other witnesses.—Where a party himself wishes to appear as a
witness, he shall so appear before any other witness on his behalf has been examined, unless the Court,
for reasons to be recorded, permits him to appear as his own witness at a later stage.]
     2
     [4. Recording of evidence.—(1) In every case, the examination-in-chief of a witness shall be on
affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for
evidence:

   Provided that where documents are filed and the parties rely upon the documents, the proof and
admissibility of such documents which are filed along with affidavit shall be subject to the orders of the
Court.

    *[(1A) The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party
shall be filed simultaneously by that party at the time directed in the first Case Management Hearing.

    (1B) A party shall not lead additional evidence by the affidavit of any witness (including of a witness
who has already filed an affidavit) unless sufficient cause is made out in an application for that purpose
and an order, giving reasons, permitting such additional affidavit is passed by the Court.

     (1C) A party shall however have the right to withdraw any of the affidavits so filed at any time prior
to commencement of cross-examination of that witness, without any adverse inference being drawn based
                                                                                     e
on such withdrawal:                                                           od
   Provided that any other party shall be entitled to tender as evidence and rely upon any admission
made in such withdrawn affidavit.]                                    aC
                                                                di
    (2) The evidence (cross-examination and re-examination) of the witness in attendance, whose
                                                           In
evidence (examination-in-chief) by affidavit has been furnished to the Court, shall be taken either by the
Court or by the Commissioner appointed by it:

    Provided that the Court may, while appointing a commission under this sub-rule, consider taking into
account such relevant factors as it thinks fit.

     (3) The Court or the Commissioner, as the case may be, shall record evidence either in writing or
mechanically in the presence of the Judge or of the Commissioner, as the case may be, and where such
evidence is recorded by the Commissioner he shall return such evidence together with his report in writing
signed by him to the Court appointing him and the evidence taken under it shall form part of the record of the
suit.

    (4) The Commissioner may record such remarks as it thinks material respecting the demeanour of any
witness while under examination:

    Provided that any objection raised during the recording of evidence before the Commissioner shall be
recorded by him and decided by the Court at the stage of arguments.

    (5) The report of the Commissioner shall be submitted to the Court appointing the commission within
sixty days from the date of issue of the commission unless the Court for reasons to be recorded in writing
extends the time.

     (6) The High Court or the District Judge, as the case may be, shall prepare a panel of Commissioners
to record the evidence under this rule.


1. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1-2-1977).
2. Subs. by Act 22 of 2002, s. 12, for rule 4 (w.e.f. 1-7-2002).
* Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).




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