Showing : 1-10 of 23 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1, 2-- Right to begin - Application by plaintiff for issuance of direction to defendant to lead evidence first - Court does not have power U.O.18.R.1 CPC much less U.O.18.R.2 CPC to entertain application of plaintiff for issuance of directions to defendant to lead evidence first - Right to begin will..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of PW1 for further cross-examination - Case was adjourned for 9 times for defendants evidence - On 10th occasion, present application came to be filed by defendant no.3 - Defendant no.1 already cross-examined PW1 - Both the advocates for defendants were present in Court at the time of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Evidence - Right to begin - Expression "unless the defendant admits the facts alleged by plaintiff" as occurring in O.18.R.1 CPC, held to include all facts, averments and allegation or all material facts, averments and allegations in plaint - It is thus, not just enough if defendant admits only..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Out of four issues burden of proof lies on plaintiff on three issues, which includes the core issue - Directing defendant to begin is contrary to O.18.R.1 CPC and Ss.101 to 104 of Evidence Act - Impugned order of trial Court directing defendant to begin trial, held, not proper...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1(3)-- Affidavit in lieu of examination-in-chief of a witness not named in the list of witnesses tendered - Evidence of said witness not to be read in evidence, as leave to examine said witness not given - However, liberty is granted to plaintiff to file an appropriate application to seek leave of Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of plaintiff for further cross-examination - Recall on the left out points is wholly improbable in law, as having sold the property in favour of defendant No.2, defendant No.1 filed the application for further cross examination without specifying as to which of the question was left out to..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff only led affirmative evidence with regard to issue Nos.1 & 2 relating to agreement to sell and part payment - It cannot be said that plaintiff had led evidence or produced evidence on specific issue of forgery contained in issue No.3, the burden of which was on..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Both the parties claiming on the basis of Will in their favour - Joint trial of two suits filed by each party ordered - Court rightly directed plaintiff who filed suit earlier in point of time to lead evidence in proof of his case in consonance with O.18.R.1 CPC - No interference..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 3A-- Party as a witness to appear before examination of its witnesses - Case of Uma Devi referred wherein held that (1) A party who wishes to examine himself at a later stage is not bound to ask for permission of Court before examining his first witness; (2) party can ask for permission at a later..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-- Recall of a witness for further cross examination - (1) Power of Court is discretionary power which should be used sparingly in appropriate cases (2) Power should be exercised to clarify any doubt it may have in regard to the evidence led by the parties (3) Discretion not to be exercised to allow..........

Showing : 1-10 of 23 Results