Can the Court Order Deletion of Portions of Evidence Affidavitt?

Abstract

According to Section 137 of the Indian Evidence Act, the examination of a witness by the party who calls him is called his examination-in-chief; the examination of a witness by the adverse party is called his cross-examination; and, the examination of a witness, subsequent to the cross examination by the party who called him, is called his re-examination. It is settled law that once the affidavit in lieu of examination-in-chief is filed, it partakes the character of the examination-in-chief of the concerned witness. The purpose of Order XVIII, Rule 4 of the Civil Procedure Code, 1908 is to ensure that there is speedy trial of the case and the time of the Court is not wasted in recording lengthy examination-in-chief. The contents of an Evidence Affidavit can be segregated into the following four broad categories: (i) matters that are relevant and are within the personal knowledge of the deponent; (ii) matters that are possibly relevant but are not within the personal knowledge of the deponent; (iii) matters that are neither relevant nor are within the personal knowledge of the deponent; and (iv) statements in the nature of legal submissions, arguments and pleadings. So far as statements in the nature of legal submissions, arguments and pleadings are concerned, these are clearly beyond the pale of examination-in-chief. Matters which are relevant and are within the personal knowledge of the deponent indisputably form an intrinsic part of the examination-in-chief. The statements which are only possibly relevant, whether based on personal knowledge of the deponent or otherwise, are within the pale of examination-in-chief, because the issue of relevancy is always subject to the final arguments at the final hearing of the suit. But the material which is completely extraneous and is entirely outside the domain of the personal knowledge of the deponent cannot possibly be part of the testimony of the deponent examined in chief. It is permissible and is often necessary for a Court, with a view to expedite the trial and to avoid a needlessly protracted cross examination on irrelevancies and matter that is not ‘evidence’ to order that any such material that does not constitute evidence be struck off or be ordered or directed to be ignored without fear of adverse consequence.