Rule 1.
Right to begin
The plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant has the right to begin.
Rule 2.
Statement and production of evidence
(1)On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove.
(2)The other party shall then state his case and produce his evidence (if any) and may then address the Court generally on the whole case.
(3)The party beginning may then reply generally on the whole case.
Rule 4.
Recording of evidence (Examination-in-chief on Affidavit)
(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.
(2)The evidence (cross-examination and re-examination) of the witness in attendance, whose 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.
Legal Commentary & Landmark Judgments: Order XVIII
Order XVIII of the Code of Civil Procedure, 1908 regulates the hearing of the suit and examination of witnesses, establishing the procedure for evidence on affidavit under Rule 4.
Rule 4(2) directs that the cross-examination and re-examination of the witness shall be taken either by the court or by a commissioner appointed by the court. This amendment removed the historical bottleneck of recording oral examination-in-chief in open court, expediting trial timelines.
Under Order XVIII Rule 4, counsel must prepare comprehensive examination-in-chief affidavits covering all pleaded averments and exhibiting certified documents. The witness must subsequently step into the witness box to formally tender the affidavit and submit to cross-examination by the adversary; failure of the witness to submit to cross-examination renders the affidavit inadmissible.