Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for re-examination - Prayer for re-examination is confined strictly to clarifying ambiguity arising from statement made by a witness during cross-examination which stands at variance with his affidavit and other evidence on record and does not seek to introduce any new..........
Bharatiya Sakshya Adhiniyam, 2023, Section 142(3), Civil Procedure Code, 1908, Section 151 -- Eviction petition - Re-examination of landlord - Opportunity sought to give an explanation to a question put in cross examination - If explanation comes on record, it will not prejudice tenant but it will subserve the ends of justice and will also help Rent Controller in disposing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Plaintiffs by virtue of proposed amendment seek to change their entire flow of title and source of ownership - By deleting earlier substantial paragraphs of plaint and attempting to substitute them with newly fabricated and vague averments, plaintiffs are..........
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 3, Rule 2 -- Examination of plaintiff, who is 80 years lady, through her special power of attorney but at the same time she is directed to appear in person for the purpose of cross examination - In case special power of attorney is unable to answer any question, which is in the specific knowledge of plaintiff then it is..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Entire issue involved in the main suit revolving around Will - Recall of witness regarding application submitted by plaintiff No.2 to Tehsildar by enclosing Will and relevant documents is very essential for just decision of case - Reasons stated by defendants for not filing..........
Civil Procedure Code, 1908, Order 18, Rule 19, Civil Procedure Code, 1908, Order 26, Rule 1 -- Statement of witness - Appointment of Local Commission - Once Court is satisfied from medical record and age of witness that attendance in Court is not possible without risk to health, Court can direct evidence to be recorded through commission - Wrong mentioning of O.10 CPC in..........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Mere fact that respondent failed to produce the required document does not take away his right to cross examination as the O.11.R.5 CPC nowhere provides that the cross examination should be taken away if there is non-compliance with the statute...........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - The cross examination by the party cannot be foreclosed on the basis of direction to draw adverse inference...........
Civil Procedure Code, 1908, Order 11, Rule 5(4), 21 -- Production of document - Non-compliance with order - Striking off the defence can never mean striking off cross examination...........
