( 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,

( 4 ) RULE 4 of Order XVIII has been amended by Act No. 22 of 2002, whereby cpc has been amended and the amended code is in force w. e. f. 1st July 2002, It is contended by the counsel for parties that rule 4 of Order XVIII is independent from rule 5 Order XVIII of the Code of Civil Procedure. It is contended by the counsel appearing for the parties that both the provisions are independent of each other,

( 5 ) COUNSEL for petitioners submitted that the question has come up for consideration in the case of Salem