Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Production of Shop Books - If plaintiff sues for recovery of amount on basis of an entry in shop book or other account in his possession or power, plaintiff shall produce same at time of filing plaint along with copy of entry and Court below would mar document after comparing and..........
Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Rokar Bahi - Instant case falls within miscarriage of justice as original of rokar bahi entries have not been proved on record in accordance with law, in essence, mere exhibition of document does not dispense with proof of same - Even respondent has failed to prove signatures of appellant..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of plaintiff for further cross-examination - Recall on the left out points is wholly improbable in law, as having sold the property in favour of defendant No.2, defendant No.1 filed the application for further cross examination without specifying as to which of the question was left out to be put in cross-examination,..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Cross examination - Adjournments sought to cross examine witness on one pretext or the other - Defendant acted in a manner to cause colossal insult to justice and to the concept of speedy insult to justice and to the concept of speedy disposal of civil litigation - Petition dismissed with costs of Rs.50,000/- - Non deposit..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Admittedly, respondent/subsequent purchaser joined suit proceedings after the statements of petitioner witnesses have been recorded - No illegality in order for recalling witnesses for cross-examination - Application allowed...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling of witnesses for further cross-examination - Suit for specific performance - Application moved to recall PW1 and PW2 on ground that certain vital questions could not be put to them with respect to alterations in agreement to sell - However, application is totally silent as to what was the said alterations and what..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for further cross-examination qua pleas of fraud and misrepresentation raised in the amended written statement - In absence of witnesses confronted with the allegations raised in the written statement, it may cause serious prejudice to him at the time of final disposal of suit - Application allowed - Cross..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for cross-examination - Failure to cross-examine plaintiff despite several opportunities granted for the purpose - It may have serious repercussions and consequences for defendant in case plaintiff is not cross-examined - Keeping in view the principles of natural justice, defendant should not be allowed..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further examination-in-chief - Court can call any witness at any stage or recall any witness, if it considers that some clarification is required from witness - However, there is no such provision under law for recalling the witness again and again for the same purpose - Application..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 18, Rule 17 -- Late production of documents - Recall of a witness - Documents, which were sought to be filed now, were available with the plaintiff - However, no foundation was made in the plaint with regard to those documents - More so, plaintiff earlier availed the opportunity to file the..........
