AIR 2015 (NOC) 1132 (BOM.) ::2015 (4) ABR 639

Bombay High Court

Hon'ble Judge(s): G. S. Patel , J

(A) Civil Procedure Code (5 of 1908) O. 18, R. 4— Affidavit in lieu of Examination-in-Chief — Once such ' Evidence Affidavit— is filed, examination-in-chief of deponent has begun — It is not thereafter permissible to ' withdraw— the ' Evidence Affidavit— — However O 18, R 4 does not limit itself to a single affidavit — There is no impediment to filing additional or supplemental Affidavit in lieu of Examination-in-chief AIR 2008 (NOC) 1385 (Bom), Followed {" Once an Evidence Affidavit is filed, and since there is no absolute requirement of it being required to be reaffirmed by deponent from witness box before that affidavit forms part of the evidentiary record, it follows that it is examination-in-chief as soon as it is affirmed (or, at any rate, affirmed and filed) and it is not thereafter possible to ' œwithdraw' ‌ an Evidence Affidavit. Once an Evidence Affidavit is filed, the examination-in-chief of the deponent has, to all intents and purposes, begun. It may be permissible for the deponent to file a further affidavit, since Order 18, Rule 4 does not limit itself to a single affidavit, and although there is some authority for the proposition that a witness may not continuously file fresh affidavits to keep improving his case, the view of our court is somewhat different, viz., that there is no impediment to the taking of additional Examination-in-Chief or the filing of a further or additional or supplemental Af....