Civil Procedure Code, 1908, Order 18, Rule 4(2) -- Word `shall' in O.18.R.4(2) CPC has to be construed as `may' - Use of the word 'shall' is mandatory only to the extent that the cross examination of a witness whose affidavit has been taken on record in lieu of the examination in chief has to be taken, but whether it would be taken before the Court or before the..........
Civil Procedure Code, 1908, Section 153, Order 19, Rule 3, Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit - Defects in verification - Correct can permit it to be corrected...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Neither signed nor affirmed - In the examination on oath affidavit shown to the witness who stated that the contents thereof were true and correct - Held, the defects in the affidavit stand cured - Such affidavit can only be treated as an evidence only after the examination of the..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Neither signed nor affirmed - Court by exercising inherent power can allow the defect to be cured by permitting the affirmation to be made subsequently...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Documents attached with affidavit filed U.O.18.R.4 - Documents mentioned ax exhibits instead of annexures - Recall of plaintiff to rectify the mistake - Scope of examination in chief already furnished in the shape of affidavit not..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Witnesses - Party has a choice as to number of witnesses to be examined - Party cannot be directed to file affidavit of all the witnesses at one and the same time...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Summoning of a plaintiff's witness at the instance of defendant for cross examination who was not examined by plaintiff suspecting his bona fides but whose affidavit in lieu of examination in chief was filed - Where the name of an individual figures in the list of witnesses, the..........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 65 -- Secondary evidence - Production of - Duty of court - Held, S.65 details several circumstances when secondary evidence can be adduced - Offer of a party to give proof of facts through secondary evidence is a matter of evidence and not a matter of essential pleading - Circumstances detailing..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Section , Order 18, Rule 4 -- Examination of summoned witness - Suit for permanent injunction dismissed by Lower Appellate Court by ignoring evidence of plaintiff as well as defendants recorded in examination-in-chief by way of affidavits - Judgment and decree of Lower Appellate Court set aside -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 18, Rule 4(1) -- Pleadings - Amendment - Commencement of trial - Filing of an affidavit in lieu of examination in chief of the witness amounts to commencement of trial...........
