Civil Procedure Code, 1908, Order 18, Rule 4, 5 -- O.18.R.4 does not make any distinction between appealable and non appealable cases so far as mode of recording evidence is concerned - Such a difference is found only in Rule 5 and 13 of Order 18 - Rules 4 and 5 are required to be harmoniously construed - Both provisions are required to be given effect to, as Rule 5 cannot..........
Evidence Act, 1872, Section 137 -- Co-defendant - Cross examination - Condition precedent for giving an opportunity to cross examine co-defendant is that there exists a conflict of interest between them and if there is no conflict of interest then such an opportunity need not be given...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief of witnesses on affidavit - Both plaintiff and defendant can be asked simultaneously to file - It does not violate O.18.R.1 - Cross examination of plaintiff's witnesses has nothing to do with examination-in-chief of defendant's witnesses...........
Evidence Act, 1872, Section 138, 33 -- Cross examination partly held - Death of defendant in meantime - His evidence is not inadmissible - There is no provision in law that if a witness is not cross-examined either in full or in part his evidence would be absolutely inadmissible - How much weight such evidence carries is to be decided considering other facts and..........
Evidence Act, 1872, Section 137 -- Proforma defendant - Cross examination - A proforma defendant has no right to examine either adversely or friendly plaintiff's witnesses - Nor he has any right to bring his own witnesses and cross examine adversely defendant's witnesses - Moreso when proforma defendant has not filed any written statement...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte order - Setting aside - Court has power to set aside exparte order and to impose costs and put the applicant on terms - Costs to be imposed should be reasonable so as to compensate the plaintiff for the loss of time and inconvenience - Court can direct the defendant to file written statement within an appointed time or..........
Evidence Act, 1872, Section 137 -- Cross examination of defendant by co-defendant - Permissible only to the extent of clash of interest of the co-defendant - If at later stage Court finds that defendants were colluding, the same would be appreciated by the Court at the appropriate stage...........
Evidence Act, 1872, Section 3, 114 -- Defendant appeared as a witness - As his defence was struck off as such his statement discontinued and closed - Plaintiff had no opportunity to cross examine the defendant - Incomplete evidence cannot be treated as evidence and no adverse inference can be drawn due to absence of cross-examination...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Omission to file written statement - Even then defendant can cross examine witnesses of plaintiff in order to expose falsity or weakness of opponent's case - Defendant can also address arguments - However, defendant can neither lead evidence nor he can set up his defence in cross examination either directly or indirectly or..........
Evidence Act, 1872, Section 137 -- Co-defendant - Right of cross examination - A co-defendant can cross-examine a witness examined by another defendant if the co-defendant takes a contrary stand on a relevant and material issue or the witness makes statement which is prejudicial or injurious to the interest of former co-defendant - When a witness is examined by a party..........
