Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Provision U.O.18.R.17 CPC cannot be invoked to empower either of parties to further examine or further cross-examine already examined witness - It is only Court which would put questions to witness - As such, core issue is satisfaction of trial Court that witness is required to be recalled to clarify on..........
Civil Procedure Code, 1908, Order 26, Rule 1, Evidence Act, 1872, Section 50 -- Suit for partition - Issue is whether the relationship between the deceased `D' and the plaintiffs' mother can be presumed to be a valid marital union, in the absence of formal documentary proof - The defendants, except for denying the marriage between the deceased `D' and the plaintiffs'..........
Civil Procedure Code, 1908, Section 151, Order 3, Rule 2 -- Permission sought to lead evidence through husband and special power of attorney - Assessment of evidence cannot be done at the stage of consideration of application filed U.O.3.R.2 CPC - It is only after the evidence is led and witness is cross examined that Court has to assess whether the person, who has deposed..........
Civil Procedure Code, 1908, Order 13, Rule 1(3) -- Cross examination of the witness - Provision of O.13.R.1(3) CPC would apply when witness of the party is being cross examined and not when the party i.e. plaintiff or defendant, as the case may be, is being cross examined. (2014(Suppl.) Civil Court Cases 311 (Rajasthan) followed...........
Civil Procedure Code, 1908, Section 151 -- Giving up witness after tendering his affidavit of examination-in-chief - Merely because affidavit is tendered in evidence does not mean that witness has to be cross examined - Plaintiff is dominus litis - Defendant cannot insist that plaintiff should examine such a witness - Order allowing giving up witness, upheld...........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - If a witness is not cross-examined, statement of witness has to be taken to be admitted. 2016(2) Apex Court Judgments 372 (S.C.) : 2016(2) Civil Court Cases 646 (S.C.) followed...........
Civil Procedure Code, 1908, Section 35B -- Costs - Witness bound down subject to payment of cost - Witness appeared and was cross examined - However, no objection was raised qua non payment of cost - While imposing cost it was not mentioned as to what would be the consequences of non payment of cost - Dismissal of application to strike off defence for non deposit of cost,..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Summoning of third party - Eviction suit - Tenant sought reopening of his evidence and summoning of third party as his witness - There is an allegation that there has been default in payment of rent - It is for tenant to prove that even if there is a default, it is not willful - Tenant is to establish his..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Defendant proceeded ex parte - Right to lead evidence - Defendant who is proceeded ex parte can lead evidence subject to certain riders, viz. (i) Witness cannot propound a new case or the case of its own; (ii) Witness must not have entered witness box in the said suit previously to lead evidence and has been cross-examined;..........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of defendant no.4 - Witness of defendant no.4 was present for cross-examination on two occasions - But on both the occasions witness of defendant no.4 not cross-examined by Counsel for plaintiff - Witness of defendant no.4 did not appear on one date on which his evidence was closed by Court - Evidence..........
