Civil Procedure Code, 1908, Order 16, Rule 15, 18, 20 -- Closure of plaintiff's evidence - Non-appearance of plaintiff for cross-examination - Validity - Only 11 opportunities have been granted to plaintiffs and they are not responsible for couple of adjournments out of it - Plaintiff No.1 had gone to call his counsel but without informing Court - However, the fact remains..........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Right of cross examination to a defendant who has not filed written statement - Held, a defendant who has not filed written statement has a right to take part in further proceedings and cross examine the plaintiff or his witnesses in order to demolish the plaintiffs case...........
Civil Procedure Code, 1908, Order 13 -- Production of documents after framing of issues - Documents can be produced in the cross examination of the witnesses of the other party - Rule does not contemplate that such document can be produced for the cross examination of the party...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross examination - Aspects of further cross examination - It cannot be expected to reveal the exact questions in advance that would be put to witness in cross examination, as it will defeat the very purpose of cross examination - If sufficiently indicated the areas pertaining to further cross..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 --- Witness - Examination-in-chief by affidavit - Factors to be taken into account by Court - Held, it is the paramount duty of court to hinge the procedural requirement to subserve the ends of justice, else the golden principle of justice that the justice has not only done, justice has to be shown to have been..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for cross examination - Court to record reasons on the stand taken by the parties for recall of the witness in order to ascertain the relevance thereof even if it is for the purpose of advancing the cause of justice...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 5, 15 -- and - Examination of witnesses residing abroad - Issuance of commission - Expenses to be born out - Held, petitioner will bear the cost of commission including officer of this Court and accordingly deposit either entire cost of commission in Court, namely with the Registrar, Original Side or bear all costs..........
Civil Procedure Code, 1908, Order 26, Rule 4-A -- Commission - Scope - Once witness appears in Court to tender his affidavit, there may not be any need for appointment of Commission for his cross-examination as he is already before Court - However, there can be some exceptions, where cross-examination is deferred and developments subsequent thereto justify appointment of..........
Civil Procedure Code, 1908, Section 151 -- Cross suits - Evidence - Separately recorded - Adoption of cross examination in earlier suit - Permissibility of - Held, once the evidence has been recorded separately in two different suits, it is not open to allow petitioner to adopt the cross examination in the earlier suit especially taking in consideration the fact that DW1..........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 18.4 -- Objection to admissibility of a document which is introduced in the affidavit tendered as examination-in-chief - Can only be raised at the time of cross examination of the witness introducing those document - Decision on objection has to be taken at the time when the same is raised and..........
