does not mean that mere filing of affidavit is treated as examination in chief.

As per Order 18 Rule 4, iAs per Order 18 Rule 4, in every case, the examination in chief of a
witness shall be on Affidavit. This does not mean that it is imperative to have
the examination-in-chief always by affidavits as held by Hon’ble Supreme court
in “Ameer Trading Corporation Ltd. v. Shapoorji Data Processing Ltd.
This also does not mean that mere filing of affidavit is treated as examination
in chief. It is only, when the affidavit filed in the court is taken by it as chief
examination, the statement of fact contained in it amounts to evidence in chief
examination. Mere Examination in chief is not an evidence unless cross
examination and re-examination being taken place. n every case, the examination in chief of a
witness shall be on Affidavit. This does not mean that it is imperative to have
the examination-in-chief always by affidavits as held by Hon’ble Supreme court
in “Ameer Trading Corporation Ltd. v. Shapoorji Data Processing Ltd.
This also does not mean that mere filing of affidavit is treated as examination
in chief. It is only, when the affidavit filed in the court is taken by it as chief
examination, the statement of fact contained in it amounts to evidence in chief
examination. Mere Examination in chief is not an evidence unless cross
examination and re-examination being taken place.