Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - Beyond pleadings - Trial of suit not to halt - Objection thereto has to be recorded and decided at the final stage - Cross examination too would be permitted, subject to the said objection(s)...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - Affidavit in evidence can factually expand on a plea taken in the plaint - It can also support factual assertions made in the plaint but it cannot contradict or state facts which cannot be derived from the plaint - Practice of filing..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - If any part of affidavit in evidence is objected to including the ground of mode of proof or admissibility, such objections can be recorded and subject to same being decided at the time of final adjudication, cross-examination could..........
Civil Procedure Code, 1908, Order 19, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4(2), Evidence Act, 1872, Section 3 -- Affidavit - Evidence by way of affidavit - Not evidence unless an opportunity of cross examination of deponent is given to the other side...........
Civil Procedure Code, 1908, Order 18, Rule 4(4), Family Courts Act, 1984, Section 15 -- Kerala Family Courts Rules, 1989, R.48 - Recording of evidence on commission - Matrimonial dispute - Judge of Family Court is given power to record only memorandum of substance of what witness deposes only because judge alone can remove chaff from the grain in assessing witness -..........
Civil Procedure Code, 1908, Order 18, Rule 4(4), Family Courts Act, 1984, Section 15 -- Recording of evidence on commission - Matrimonial dispute - Directions:- (i) Family Court shall have evidence of witnesses recorded by advocate commissioner appointed only if either parties to lis have no objection to adopt such course of procedure; (ii) witnesses shall be permitted to..........
Civil Procedure Code, 1908, Order 18, Rule 4, 19 -- Recording of evidence - Plaintiff aged more than 80 years is an illiterate lady, executed a general power of attorney in favour of one person - She wanted to examine said power of attorney holder in support of her case - Defendant opposed said prayer before trial Court, which was upheld by trial Court and affirmed by High..........
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..........
East Punjab Urban Rent Restriction Act, 1949, Section 16, 17, Civil Procedure Code, 1908, Order 18, Rule 4 -- Rent and Eviction - Recording of evidence by Commissioner - Merely because documents have been filed alongwith affidavit same would not ipso-facto be admissible in evidence as same are subject to orders of Court...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7, East Punjab Urban Rent Restriction Act, 1949, Section 16, 17 -- Admissibility of document - Petitioner has raised objections to proof and admissibility of documents - Rent Controller should have proceeded to pass appropriate order on objections raised by counsel for..........
