Under Order XVIII, Rule 4(4) of Code of Civil Procedure, the objection raised during the recording of evidence by the Commissioner

Solution (By Examveda Team)

Order XVIII, Rule 4(4) of the Code of Civil Procedure, 1908
Order XVIII of the CPC deals with the hearing of suits and examination of witnesses. Rule 4 pertains to the recording of evidence, particularly when evidence is recorded by a Commissioner appointed by the court.

Sub-rule (4) specifically states that any objection raised during the recording of evidence by the Commissioner shall be recorded by him and later decided by the court at the stage of arguments. This ensures that objections are documented but do not cause unnecessary interruptions in the evidence collection process.

Explanation of the Correct Answer
The correct answer is Option B: Shall be recorded by him and decided by the court at the stage of arguments.

Why Option B is Correct?
The Commissioner does not have the authority to decide on objections raised during the recording of evidence. His role is limited to documenting the objections.
According to Order XVIII, Rule 4(4), such objections are reserved for decision by the court at the stage of final arguments. This prevents delays and ensures that all objections are addressed systematically by the presiding judge.

Why Other Options Are Incorrect?
Option A: "Shall be recorded by him and decided by him" – Incorrect, because the Commissioner has no power to decide objections; only the court can do so.

Option C: "Shall be recorded by him and referred to the court immediately for deciding further with the recording of evidence" – Incorrect, as the CPC does not require immediate reference of objections to the court. The objections are decided at the stage of arguments.

Option D: "Shall be recorded by him and decided by him in consultation with the court" – Incorrect, as the Commissioner has no role in deciding objections, whether independently or in consultation with the court.

Conclusion
Since Order XVIII, Rule 4(4) clearly states that objections raised during evidence recording are to be documented by the Commissioner and decided later by the court during arguments, the correct answer is Option B: Shall be recorded by him and decided by the court at the stage of arguments.