such, the procedure contemplated for taking evidence under
Order XVIII Rule 4 CPC in civil cases can be followed. Therefore,
he would contend that taking ... Family Courts
Act, 1984 , Order XVIII Rule 4 CPC and also under Order VI Rule
15(4) and Section
Civil
Procedure .
11. Order XIX, Rule 1 of the Code Procedure reads as under :
"1. Power to order any point to be proved ... order shall not be
made authorizing the evidence of such witness to
be given by affidavit."
The relevant portion of Order XVIII Rule 4
case, which shall be sent in separate
folders clearly marked as order sheets; pleadings;
applications; plaintiff's documents and defendant's documents ... witnesses
and recording of evidence by commissioner contemplated by
Order XVIII Rule 4 C.P.C from the words Witness in
attendance
legislation relating to application and orders for reliefs and offence of breach of protection order or interim protection order by the respondent shall be governed ... introduced in the Code of Civil Procedure also and Order XVIII Rule 4 of the Code reads as follows:
"[4. Recording of evidence
examination in open Court has not been disturbed by Order XVIII Rule 4 inserted by amendment. It is true that after the amendment cross-examination ... affidavit or cross-examination before a Commissioner. The scope of Order XVIII Rule 4 has been examined and its validity upheld in Salem Advocates
introduced in the Code of
Civil Procedure also, and Order XVIII, Rule 4 of the Code reads as follows :
"[4. Recording of evidence ... documents which are filed
along with affidavit shall be subject to the orders of the Court.
(2) The evidence (cross-examination and re-examination
witnesses
and recording of evidence by commissioner contemplated
by Order XVIII Rule 4 C.P.C from the words witness in
attendance
Tribunal. While recording the evidence, the procedure, as envisaged
under Order XVIII Rule 4 of CPC , has to be followed without any fail ... ready reference, the Order XVIII Rule 4 of CPC is reproduced as under: -
4. Recording of evidence.--(1) In every case, the
examination-in-chief
sworn statement
on oath recorded by the Magistrate.
7. Order XVIII, Rule 4 CPC contemplates that
recording of the chief-examination of a witness shall ... provision is not provided by the
Code of Criminal Procedure . Order XVIII, Rule 4 CPC
cannot be read into Section
necessary that the
documents are placed on record. The Proviso to order VI Rule 17 of
C.P.C ., has been said to be directory ... itself would
not mean that the trial has commenced.
10. Order XVIII, Rule 4(1) of the Code
Y.S.Patil
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