Civil Procedure Code, 1908, Order 18, Rule 4(As - - Recording of evidence - Court can order recording of evidence on commission - Consent of parties is not material...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1, 1-A -- Examination-in-chief of a witness on affidavit - Provision of O.18.R.4(1) CPC applies only when a party examines a witness without issuance of summons as contemplated U.O.16.R.1-A and not of a witness who is summoned U.O.16.R.1 CPC...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examinatio, i, chief - Affidavit - Witness is required to enter witness box to testify the contents of his respective affidavits - Affidavit does not form part of evidence unless deponent enters the witness box and confirms that the contents of the affidavit are as per his say and the affidavit is under his signature and this..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief - Filed by way of affidavit - Failure to mention certain details in the affidavit - Does not preclude the plaintiff to enter the witness box to depose further - It also does not preclude the Court from permitting the plaintiff to lead further evidence of examination-in-chief before the Court in addition..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Statement therein beyond pleadings - Cannot be struck out - It is always open to the opposite party to put the same to the witness in his cross examination...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Counter affidavit to affidavit filed U.O.18.R.4(1) - Not permissible...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Irrelevant matters - Opposite party can point out to Court that irrelevant matters have been averred in the affidavit - Court can either direct the deponent to file a fresh affidavit after eschewing the irrelevant matters or Court itself can eschew the irrelevant matters so that cross..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examinatio, i, chief - Defendant is not expected to file affidavit when the case is posted for the plaintiff's evidence...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence - Recording by Commissioner - Admissibility of several documents involved - Plea of plaintiff that settlement had been arrived at between parties during pendency of suit - His plea that defendant cannot put any question to him except one relating to so called settlement - Court should not entertain such pea and..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witnesses - Not given within 15 days - Held, rules of procedure are meant for promoting the cause of substantial justice and not frustrating the same - Procedure is the handmaid of justice - Order closing evidence - Set aside...........
