D.V. Shylendra Kumar, J :

1. Petitioner and Sri C. Shashikantha, learned Counsel for the respondent have been heard on acceptance or otherwise of the affidavit evidence sought to be placed before the Court by the petitioner as her evidence to support the petition pleadings. .

2. Sri C. Shashikantha, learned Counsel for the respondent, has raised objections for accepting the evidence of the petitioner in the form of an affidavit and has submitted that the evidence of the petitioner should be necessarily deposed in person cannot be given in writing but can only be oral and such is the procedural requirement even under the Code of Civil Procedure, 1908 [CPC] as contemplated in terms of Rules 4 & 5 of Order XVIII, reading as under:

ORDER-XVIII

HEARING OF THE SUIT AND EXAMINATION OF WITNESSES

4. Recording of evidence.-(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