Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Witness stated in Court that examination-in-chief was not recorded under his instructions nor does he know the contents of his examination-in-chief - Evidentiary value of his statement in cross examination is seriously dented...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Recording of evidence through video conferencing - Divorce proceedings - Husband sought permission to be cross-examined virtually/video conferencing, as he had been staying in Bangkok along with her teenaged daughter and ailing mother who has undergone knee surgery - Affidavit in chief U.O.18.R.4 CPC has already..........
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 -- Cross-examination of PWs by pendente lite purchaser - Suit for specific performance - No provision which debars pendente lite purchasers from cross-examining PWs - Pendente lite purchasers stepped into shoes of original defendant who has chosen not to contest the suit - Unless the pendente lite purchasers are given..........
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..........
