Civil Procedure Code, 1908, Order 18, Rule 4 -- Proviso - Proviso to O.18.R.4(1) provided that where documents are filed and the parties rely upon the documents, the proof and admissibility of such documents which are filed along with the affidavit shall be subject to the order of the Court...........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Witness present for cross examination whose affidavit of examination-in-chief was tendered and opportunity to cross examine witness not availed - No prejudice caused to defendant if this witness did not enter the witness box...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence on affidavit - Object of - Held, filing of affidavit, in terms of O.18.R.4 of CPC, of any witness is evidence of the witness to facilitate opposite party to enable and make him ready to cross-examine witness after proper preparation - Courts shall adopt normal practice of directing the party to produce evidence in..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence on affidavit - Permissibility - Petitioners are not seeking assistance of Court for production of witnesses - Petitioners themselves have filed evidence on affidavit of witnesses which is on record - Petitioners are ready to produce and will produce witnesses in Court at the time of their further..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Section , Order 18, Rule 4 -- List of witnesses - Recording of evidence - Witness not in control of party wanting to examine him - Remedy - Held, recourse to O.16.R.1 is permissible - Accordingly, if Courts summons such witness it is under duty to ask witness either to file an affidavit by himself..........
Civil Procedure Code, 1908, Order 18, Rule 4, 1 -- Recording of evidence - Filing of affidavit evidence - Object of - Held, O.18.R.4 of CPC requiring parties to file affidavit as it caters to convenience of the parties and is aimed at expeditious disposal of cases - Procedure for adducing evidence in examination-in-chief as provided U.O.18.R.4 of CPC cannot defeat rule of..........
Civil Procedure Code, 1908, Order 13, Rule 4, 6, Civil Procedure Code, 1908, Order 18, Rule 4 -- Exhibiting document - Objection - Held, objection has to be dealt with then and there by passing verdict thereon after hearing concerned parties - Practice of considering the objection at the time of arguments, deprecated...........
Civil Procedure Code, 1908, Order 18, Rule 4(2) -- Commission appointed to record cross examination of parties - Commission appointed by High Court at Bombay - Defendant No.1 residing at Nagpur - Defendant has to appear before Commission at his cost for cross examination...........
Civil Procedure Code, 1908, Section 31, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4 -- Witness - Summons to witness - A witness, whose affidavit in lieu of chief examination was filed, cannot be summoned through Court - Party securing the presence of a witness himself partly cannot seek the assistance of Court for the remaining part...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence by way of affidavit - Defective verification - Verification in affidavit not open to challenge if the witness has been subjected to cross examination and there is no material that any prejudice is caused on account of defective verification...........
