Order 18 Rule 4 CPC Explained: Affidavit Evidence, Procedure, Example & Key Points
Provision Overview
Order 18 Rule 4 of the Code of Civil Procedure, 1908 (CPC) deals with the mode of recording evidence, specifically:
Examination-in-chief shall be given by affidavit Cross-examination & re-examination happen in court or before a commissioner
Bare Provision (Simplified)
Examination-in-chief = By Affidavit
Cross-examination = In Court / Before Commissioner
Documents = Filed along with affidavit
Court may appoint Commissioner for recording evidence
Purpose of Order 18 Rule 4
✔ Speed up trial ✔ Reduce court time ✔ Avoid unnecessary oral recording ✔ Ensure efficient evidence process
Procedure (Step-by-Step)
1️. Filing of Affidavit
Party files Evidence Affidavit
Includes all facts, documents, exhibits
2️. Admission/Denial of Documents
Opposite party checks documents
Raises objections
3️. Cross-Examination
Conducted:
In Court OR
Before Local Commissioner
4️. Re-Examination
Limited to clarification
5️. Closure of Evidence
After all witnesses examined
Example (Practical Understanding)
Case: Property Dispute
Plaintiff files affidavit evidence stating:
Ownership of property
Supporting documents (Sale Deed, Registry)
Defendant:
Cross-examines plaintiff
Challenges authenticity of documents
Court decides based on:
Affidavit
Cross-examination
Documentary evidence
Key Points (Very Important)
✔ Examination-in-chief is NOT oral (only affidavit) ✔ Affidavit = Substantive evidence ✔ Cross-examination is mandatory right ✔ Commissioner can record evidence ✔ Documents must be filed with affidavit
Important Legal Position
Affidavit without cross-examination = weak evidence
If witness is not produced for cross:
Evidence may be ignored
Practical Court Tips
✔ Always draft detailed affidavit ✔ Attach all relevant documents ✔ Prepare witness for cross-examination ✔ Highlight contradictions during cross
Common Mistakes
❌ Filing incomplete affidavit ❌ Not attaching documents ❌ Avoiding cross-examination ❌ Vague statements without proof
Important Judgments
Ameer Trading Corporation Ltd. v. Shapoorji Data Processing Ltd.
Held: Examination-in-chief by affidavit is valid and mandatory
Salem Advocate Bar Association v. Union of India
Upheld amendment for speedy trial
Drafting Tip (For Advocates)
Start affidavit with:
Name, age, address
Facts in numbered paras
Documents marked as Exhibits
Conclusion
Order 18 Rule 4 CPC is a crucial provision that:
Speeds up civil trials
Makes affidavit evidence primary
Ensures structured cross-examination
Proper use of this provision can strengthen your case significantly
New: Section 85 BNS (Cruelty by husband/relatives)
Nature:
Cognizable
Non-bailable
Often misused in matrimonial disputes
2. IMMEDIATE REMEDIES AFTER FIR
(A) Anticipatory Bail
Under: Section 482 BNSS
When to file:
Immediately after FIR or apprehension of arrest
Grounds:
False implication
Matrimonial dispute
No specific allegations
Delay in FIR
(B) Quashing of FIR
Under: Section 528 BNSS
Filed in:
High Court
Grounds:
FIR is false or malicious
No prima facie case
General/omnibus allegations
Settlement between parties
(C) Discharge Application
Under:
Section 250 BNSS (Magistrate cases)
When:
After chargesheet filed
Ground:
No sufficient evidence
Only allegations, no proof
(D) Regular Bail
Under: Section 483 BNSS
If already arrested
3. DEFENCE STRATEGY IN FALSE 498A
Key Defence Points:
No specific date/time of cruelty
No medical evidence
Delay in FIR
Independent witnesses missing
WhatsApp/chat contradictions
Previous disputes / motive
4. COUNTER ACTIONS (STRONG DEFENCE)
(A) File Complaint for False Case
Under:
Section 217 BNS
Section 248 BNS
(B) Defamation Case
Under:
Section 356 BNS
(C) Restitution / Divorce
Under:
Hindu Marriage Act Section 9
Divorce for cruelty
5. IMPORTANT SUPREME COURT GUIDELINES
Arnesh Kumar v. State of Bihar
Police must:
Not arrest automatically
Follow proper procedure
Issue notice before arrest
Rajesh Sharma v. State of UP
Prevent misuse of 498A
6. PRACTICAL COURT STRATEGY (VERY IMPORTANT)
Step-by-Step:
File Anticipatory Bail
Collect evidence (Chats, call records, proof)
File Quashing (if strong case)
Else → File Discharge Application
Start cross-examination attack
7. COMMON MISTAKES TO AVOID
Ignoring FIR initially
Not applying for anticipatory bail
Not collecting evidence early
Emotional statements in court
8. BEST DEFENCE LINE (COURT USE)
Oral submission:
“This is a matrimonial dispute converted into criminal litigation. There are no specific allegations or independent evidence. The FIR is an abuse of process of law.”
A legal notice is a formal written communication sent by one party to another to inform them about a legal grievance and to give them a chance to resolve the issue before court action.
1. What is a Legal Notice?
A legal notice is:
A formal intimation of a claim or dispute
Sent before filing a case in court
A chance for the opposite party to settle the matter
Common in:
Cheque bounce (under Negotiable Instruments Act, 1881 Sec. 138)
Divorce / matrimonial disputes
Recovery of money
Property disputes
Employment issues
2. Essential Contents of Legal Notice
A properly drafted legal notice should include:
Basic Details
Name, address of sender & receiver
Advocate’s details
Facts of Case
Complete brief facts in chronological order
Cause of Action
What wrong has been done
Legal provisions violated
Relief/Claim
Amount to be paid / action required
Time Limit
Usually 7–30 days (depends on case)
Legal Consequences
Warning of court action if not complied
3. When to Send Legal Notice?
You should send a legal notice:
Before filing a civil case (recommended)
When law mandates it (e.g., cheque bounce cases)
When you want to create strong documentary evidence
❗ Not mandatory in all cases, but strategically important
4. How to Send Legal Notice?
Step-by-Step Process
Draft the Notice
Preferably by an advocate (professional language)
Print on Advocate Letterhead
Send via Proper Mode
Accepted Modes:
Registered Post (A/D) – (Most preferred)
Speed Post
Courier
Email (additional proof, not primary)
Best practice: Send through Registered Post + Email
First, important clarification: There is no completely new “Rent Law 2026” passed nationwide. Most “new rules” circulating are based on the Model Tenancy Act, 2019, which states are gradually implementing.
Key Rent Rules (Applicable in 2026 Practice)
1. Written & Registered Agreement
Rent agreement must be in writing
Should be registered within ~60 days
Verbal agreements are risky / weak legally
2. Security Deposit Limit
Residential: Max 2 months rent
Commercial: Max 6 months rent
Big relief for tenants (earlier 6–10 months was common)
3. Rent Increase Rule
Rent can be increased:
Only once in a year
With minimum 90 days written notice
4. Landlord Entry Rule
Landlord must give 24-hour notice before entering house
Exception: emergency situation
5. Repairs & Maintenance
Tenant informs landlord about repairs
Landlord must fix within 30 days
If not → Tenant can repair & deduct cost from rent
6. Protection from Harassment
Landlord cannot:
Force eviction without legal process
Cut electricity/water
Change locks or threaten tenant
7. Eviction Rules
Eviction only through legal procedure
Notice required (depends on agreement/state law)
Example: Month-to-month tenancy → ~15 days notice possible
8. Agreement Registration Importance
Registered agreement = strong legal proof
Unregistered = weak in court, but still partially valid
Reality Check (Very Important)
Rental laws in India are state-specific
2026 rules = implementation + enforcement, not totally new law
Some states follow these rules fully, others partially
Simple Summary
Rule
2026 Practice
Agreement
Written & registered
Deposit
Max 2 months (residential)
Rent Increase
Once/year + 90 days notice
Entry
24 hours notice
Repairs
Landlord must fix in 30 days
Eviction
Only legal process
Practical Advice (For You)
Always make registered rent agreement
Add clauses for:
Rent increase %
Notice period
Maintenance responsibility
Keep payment proof (bank transfer)
if a tenant stops paying rent and also refuses to execute a rent agreement, the owner has strong legal remedies under Indian law. Here’s a clear, practical guide
1. Send Legal Notice (First Step)
Send a legal notice demanding:
Payment of pending rent
Execution of rent agreement (if applicable)
Vacating the property (if default continues)
Notice period usually 15–30 days (depending on tenancy type)
2. File Eviction + Recovery Case
You can file a civil suit for:
Eviction (possession of property)
Recovery of arrears of rent
Mesne profits (compensation for illegal occupation)
If tenancy is oral → still valid, you can prove by:
Filed to stop someone from doing a particular act.
Relevant provision:
**Code of Civil Procedure, 1908 Order 39 Rule 1 & 2
2️. Application for Amendment of Pleadings
Filed to modify pleadings.
Relevant provision:
**Code of Civil Procedure, 1908 Order 6 Rule 17
3️. Application for Restoration of Suit
Filed when suit is dismissed for default.
Relevant provision:
**Code of Civil Procedure, 1908 Order 9 Rule 9
4️. Application for Setting Aside Ex-Parte Decree
Filed when decree passed without appearance.
Relevant provision:
**Code of Civil Procedure, 1908 Order 9 Rule 13
5️. Execution Application
Filed to enforce decree or order.
Relevant provision:
**Code of Civil Procedure, 1908 Order 21
Applications Used in Daily Criminal Practice
Advocates frequently file:
Bail Application
Exemption Application
NBW Cancellation Application
Discharge Application
311 CrPC Witness Recall Application
319 CrPC Additional Accused Application
Compromise Application
Default Bail Application
✅ Conclusion
Advocates commonly use bail, discharge, witness recall, exemption, injunction, and execution applications in daily litigation. Knowledge of the relevant procedural sections under BNSS, CPC, and other laws is essential for effective court practice.
These are the applications most frequently used in criminal practice.
Most Important Criminal Court Applications (CrPC & BNSS Sections)
No.
Court Application
CrPC Section
BNSS Section
1
Application for Regular Bail
Sec 437 / 439
Sec 480 / 483
2
Application for Anticipatory Bail
Sec 438
Sec 482
3
Application for Default Bail
Sec 167(2)
Sec 187(3)
4
Application for Cancellation of Bail
Sec 437(5), 439(2)
Sec 480(5), 483(2)
5
Application for Discharge
Sec 227 / 239
Sec 250 / 263
6
Application for Framing of Charge Objection
Sec 228 / 240
Sec 251 / 264
7
Application for Compounding of Offence
Sec 320
Sec 359
8
Application for Plea Bargaining
Sec 265A–265L
Sec 290–300
9
Application for Recall of Witness
Sec 311
Sec 348
10
Application for Summoning Additional Accused
Sec 319
Sec 358
11
Application for Exemption from Personal Appearance
Sec 205 / 317
Sec 227 / 382
12
Application for Supply of Documents
Sec 207
Sec 230
13
Application for Further Investigation
Sec 173(8)
Sec 193(9)
14
Application for Quashing of FIR
Sec 482
Sec 528
15
Application for Maintenance
Sec 125
Sec 144
16
Application for Alteration of Charge
Sec 216
Sec 243
17
Application for Issuance of Process / Summons
Sec 204
Sec 227
18
Application for Attachment of Property
Sec 83
Sec 86
19
Application for Proclamation of Absconding Accused
Sec 82
Sec 84
20
Application for Compensation to Victim
Sec 357
Sec 396
Most Frequently Used Applications by Advocates (Daily Practice)
1️. Bail Applications
Regular Bail
Anticipatory Bail
Default Bail
These are the most common applications in criminal courts.
2️. Trial Stage Applications
Discharge application
Recall witness application
Summon additional accused application
Alteration of charge application
3️. Magistrate Court Applications
Exemption from personal appearance
Supply of documents
Maintenance application
4️. High Court Applications
Quashing of FIR
Bail under special circumstances
Important Litigation Tip for Advocates
After July 2024, courts increasingly refer to BNSS sections, but many lawyers still mention both sections together in applications.
Example:
“Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure, 1973).”
This avoids confusion during the transition from CrPC to BNSS.
✅ Conclusion
For advocates practicing criminal law, the most important applications revolve around bail, trial procedure, witness examination, investigation issues, and maintenance proceedings, and it is now advisable to mention both CrPC and BNSS sections in pleadings.
