Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of expert in rebuttal after closure of evidence of plaintiff - Plaintiff cannot lead evidence in rebuttal in respect of an issue, onus of which was on plaintiff himself...........
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Framing of additional issues - After closure of plaintiff's evidence - Suit for declaration - Grant of declaration is dependent upon claims set up by plaintiffs on the basis of two Wills and one family settlement - Plaintiffs had already concluded their evidence and after closing of the same voluntarily, have..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleading - Any amount of evidence adduced without a foundation in pleading is of no avail...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross-examination - Case was adjourned for 9 times for defendants evidence - On 10th occasion, present application came to be filed by defendant no.3 - Defendant no.1 already cross-examined PW1 - Both the advocates for defendants were present in Court at the time of cross-examination of PW1 - During..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit for partition - No evidence to show that widow of `D' got remarried and lost her right in suit property - Widow is necessary and proper party to proceedings - Suit is bad for no, joinder of necessary party - More so, defect of no, joinder is fatal and cannot be cured by impleading them..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 26, Rule 9 -- Divorce - Issuance of commission for recording evidence - Wife unable to afford fees of commissioner directed to be paid equally by parties - Plea of wife that she was awarded interim maintenance of Rs.2,500/- p.m. only and besides herself, was supporting a school going son and had..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action for filing counter claim arose before filing of written statement - Earlier counter claim was disposed of by trial Court on the ground that it was not in prescribed format with liberty to file fresh - Counter claim filed after rectifying defects could not be rejected by Court only on the ground..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Plaintiff seeking recall of PW5 for further examination to prove Ex.A10 - Recall sought when evidence of defendant was complete and matter was listed for arguments - Recall of a witness to fill up a gap is impermissible...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Permissible subject to provisions of Evidence Act...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Evidence in rebuttal - Suit for declaration - It is obligatory on part of plaintiff to lead substantive evidence at affirmative stage - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on plaintiff himself...........
