LAWS(MPH)-2003-7-63

ROSHAN GENERAL STORE Vs. VIVEK GUPTA

Decided On July 29, 2003
ROSHAN GENERAL STORE Appellant
V/S
VIVEK GUPTA Respondents

JUDGEMENT

(1.) This order shall govern all the aforesaid petitions.

(2.) A question has been referred by the Single Bench regarding provisions applicable for recording evidence In a Civil Suit, which is subject matter of appeal, whether provisions of Rule 4 of Order XVIII of the Code of Civil Procedure will apply or the provisions as envisaged under Rule 5 will apply to a suit, whose decree is appealable.

(3.) Counsel appearing for the parties have argued in one voice that Rule 4 of Order XVIII is not applicable to suits where the Judgment of the suit is appealable and submitted that in such cases evidence should be recorded as provided under Rule 5 of Order XVIII CPC,