Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence - Non-furnishing of copies of documents accompanying affidavits - Obligation as per statue is to serve copies of affidavit which has been filed as chief examination and so far as documents are concerned, there is no requirement in law to serve copies...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of witnesses - O.18.R.4 CPC does not provide that affidavits of all the witnesses should be filed on one and same date...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Closure of right of plaintiff to file affidavits of other witnesses - Case fixed first time for cross-examination of plaintiff witness - There was thus, no occasion to close right to file affidavit of other witnesses of plaintiffs in advance - Order of closure of right of plaintiff to file affidavits of other witnesses set..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Affidavit - Ad verbatim of plaint - An affidavit should be in concise form stating material part of the contentions while ignoring formal part of the pleadings - Affidavit ordered to be taken off the record to be kept in part `D' - Respondent directed to file fresh affidavit...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Filing of fresh affidavit of examination-in-chief - With the filing of fresh affidavit of examination-in-chief, earlier affidavit filed cannot be allowed to be withdrawn...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit of examination-in-chief - Once filed cannot be withdrawn - Deponent may file an affidavit subsequent to it and to add or supplement facts - Provision of O.18.R.4 CPC does not limit to file a single affidavit - However, deponent not be allowed to keep on filing fresh affidavits to keep improving his case..........
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..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Legal Representation - Permission to file affidavit of LR as plaintiff - Once plaintiff had filed affidavit and he was even partly cross-examined and thereafter he closed his evidence, LR who stepped into shoes of plaintiff after his death cannot file another..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination of a party by another as a witness - There is no absolute bar - It is discretion of Court to consider same in facts and circumstances of case to allow or reject a request/prayer made by a party to examine another as a witness in suit...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Defendant proceeded ex parte - Right to lead evidence - Defendant who is proceeded ex parte can lead evidence subject to certain riders, viz. (i) Witness cannot propound a new case or the case of its own; (ii) Witness must not have entered witness box in the said suit previously to lead evidence and has been cross-examined;..........
