Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may recall a witness for further examination or cross-examination invoking O.18.R.17 CPC where there exist any doubt on the issue stated by witness even after recording of statement of said witness...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may recall a witness, if party seeking recalling of a witness, comes across some evidence which he could not lay his hands at the time the witness was being examined and said witness needs to be confronted therewith...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may recall a witness, where some evidence with regard to conduct or action of other party comes into existence after recording of statement of said witness...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - A party cannot be allowed to recall witness to fill up any lacuna or omission...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Power vested with Court to invoke provision suo moto is vast - Right of parties to recall the witness is to be recognized only in rare cases...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Recall of witness is permissible only where objective sought to be achieved could not have been accomplished despite exercise of due prudence and vigil...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Formal defect is sine qua non in order to invoke provision contained U.O.23.R.1 CPC - Term formal defect generally refers to a defect in form or procedure that does not impact the merits of the case...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Ground invoking the provision is that amount has been withdrawn by defendant no.4 - Defect so spelled out in the application does not fall within the ambit of expression formal defect - Order allowing application set aside - Suit restored...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wants to question the validity of Will, on the basis of which defendant sought to have suit dismissed - Without determination of question of Will and its genuineness, partition of suit property would not be possible - Application for amendment rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
