Order XIX Rule 2 CPC: Attendance of Deponent for Cross-Examination
Order 19 Rule 2 of the Code of Civil Procedure, 1908 (CPC) addresses the use of affidavits as evidence upon applications and empowers a civil court to require the person making an affidavit to attend for cross-examination.
Text of Order XIX Rule 2 CPC
Rule 2 - Power to order attendance of deponent for cross-examination
(1) Upon any application evidence may be given by affidavit, but the Court may, at the instance of either party, order the attendance for cross-examination of the deponent.
(2) Such attendance shall be in Court, unless the deponent is exempted from personal appearance in Court, or the Court otherwise directs.
Meaning and scope of Rule 2
Deponent means the person who makes or swears an affidavit. An affidavit is a written statement of facts affirmed or sworn in the manner prescribed by law. Cross-examination is questioning by the opposing party to test a witness's statements, knowledge and credibility.
Sub-rule (1) permits affidavit evidence upon an application. However, it does not give a party an automatic right to insist that every deponent attend: the court exercises discretion when a party requests cross-examination, having regard to the issues requiring determination and fairness to both sides.
Sub-rule (2) establishes attendance in court as the ordinary procedure when cross-examination is directed, subject to exemption from personal appearance or another direction by the court.
When can the court order cross-examination?
The court may consider whether material factual assertions are disputed, whether questioning is necessary for a fair decision on the application, and whether the request is genuine rather than intended to delay proceedings. A party seeking attendance should ordinarily identify the disputed facts and explain why examination of the deponent is needed.
Where the court orders attendance, the manner and place of examination remain subject to its procedural directions and applicable law. Rule 2 itself does not prescribe a fixed deadline for making such a request.
Related provisions of the CPC
Order XIX Rule 1 - Proof of facts by affidavit
Rule 1 allows a court, for sufficient reason, to order that particular facts be proved by affidavit or that a witness's affidavit be read at a hearing, subject to its proviso protecting bona fide requests for production of a witness for cross-examination where the witness can be produced. Read Order XIX Rule 1.
Order XIX Rule 3 - Matters included in affidavits
Rule 3 generally confines affidavits to facts within the deponent's own knowledge, subject to its exception for statements of belief on interlocutory applications where grounds are stated. It also addresses costs relating to unnecessary affidavit material. Read Order XIX Rule 3.
Order XVIII Rule 4 - Evidence by affidavit
Order XVIII Rule 4 governs examination-in-chief by affidavit in suits and makes provision for cross-examination and re-examination under the applicable procedure. It should be distinguished from Order XIX Rule 2, which specifically concerns affidavit evidence upon applications.
Practical implications
A party relying on an affidavit should ensure that it is accurate, relevant and properly sworn or affirmed. A party disputing important factual statements may request the court to direct the deponent's attendance and should explain why cross-examination is material to deciding the application. Whether such a direction is appropriate depends on the circumstances and any applicable special rules.
Official legal reference
The principal statute is the Code of Civil Procedure, 1908 (India Code). Consult the current text of the First Schedule, including Order XIX, together with applicable High Court amendments and procedural rules.
This article explains the general CPC framework. State or High Court amendments and case-specific judicial directions may affect procedure.