Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling plaintiff for cross-examination - Documents proposed to be placed on record in evidence by putting the same to plaintiff in his cross examination after recalling him - Such documents not relevant for adjudication of suit - Trial Court rightly dismissed the application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Delay of 9 years in seeking amendment - Amendment sought was available to defendant at the time of cross examination of PWs 1 & 2 but at that time no question was put to the witnesses - Moreover specific averment in plaint was stated in written statement as not admitted and that it is for..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Plaintiff had not produced relevant documents at time when case was fixed for plaintiff's evidence, though time was granted to plaintiff to file such documents - Case was again listed for cross-examination of PWs, however, neither documents were produced nor any explanation was given for..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission for local inspection - Eviction suit - Tenant wanted to prove the fact of availability of vacant rooms with landlord - Normally though a commission application to collect evidence after commencement of trial is not justified - However, during cross-examination, PW1 stated his preparedness to take out..........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Affidavit - Cross-examination of deponent - Two contradictory stands in two affidavits - Order allowing cross examination of deponent, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Demarcation report - Objections raised by plaintiff - Opportunity to lead evidence in support of objections not granted - Plaintiff's prayer to summon Local Commissioner for cross examination with respect to his demarcation report not acceded - Order confirming demarcation report without summoning Local Commissioner to face..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Re-examination of a witness - During cross examination of witness a request was made to re-examine the witness but trial Court observed that the same shall be allowed only if an application qua the same is moved - Impugned order allowing re-examination of witness calls for no interference as reasons given in the application..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petition by husband for restitution of conjugal rights - Admission by wife in cross examination that she is willing to pass her remaining matrimonial life with husband - Suit decreed on basis of admission by wife...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction and possession by way of partition - Concurrent findings of two Courts below that revenue record produced by plaintiff on record demonstrated that suit land was joint and same had not been partitioned - Even, DW1 had admitted in her cross-examination that suit land was not..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit of examination-in-chief - When a new affidavit of examination-in-chief is filed the earlier one cannot be allowed to be deleted from record - All the affidavits shall form part of record - Other side shall have authority and opportunity to cross examine the witness on the basis of his affidavits as..........
