What affidative for oral evidence under sec. 18 rul 4 of cpc made before executive mejistrate not before notary or clerk of the court. are admissible in court accoudting to evidence act ?
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by amendment to Order 18 Rule 4 of the Code of Civil Procedure, 1908 examination in chief of the witness is allowed to be filed on affidavit. The legislative intent to permit examination in chief of the witness by filing affidavit was to expediate the trial.
2) it has to be affirmed before notary or Oath Commissioner.or judge or executive magistrate
Before the executive magistrate there is no provision to file evidence under order 18 rule 4 of cp.
If you clarify your query then i can give further advice.
The affidavit has to be attested by an oath commissioner unless an exception is made by the High Court or legislature in this regard.
4. Recording of evidence by Commissioner.- (1) In every case, the evidence of a witness of his examination-in-chief shall be given by affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence.
The witness can be cross examined and the same e recorded by the Commissioner appointed by the court among the panel of commissioners.
Provided that, in the interest of justice and for reasons to be recorded in writing, the court may direct that the evidence of any witness shall be recorded by the court in the presence and under the personal direction and superintendence of the judge.
