Section 39 in Civil Court Rules of the High Court of Judicature at Patna
39.
In all suits and appeals, evidence should, as a general rule, "be taken orally in open Court in the presence, and under the personal direction and superintendence of the Judge" (Order XVIII, Rule 4). The power to order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, should be exercised only under special circumstances, or as Order XIX, Rule 1, declares, "for sufficient reason", which should always be specified in the order. General orders cannot therefore be given for the admission of affidavits in suits or appeals; where any such orders have been given, they should be withdrawn.
