Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought after filing of affidavit of examination-in-chief by plaintiff - Even when application for amendment was filed before date fixed for leading evidence, but interdiction of proviso to O.6.R.17 applies...........
Evidence Act, 1872, Section 137 -- Cross-examination treated as `NIL' - Affidavit of examination-in-chief of witness stated was provided to opponent two days earlier but the same is not acceptable as affidavit was attested on the same day itself - Grave prejudice would be caused to defendant in case an opportunity to cross examine the witness of the opponent is not granted..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Filing of fresh affidavit of examination-in-chief - With the filing of fresh affidavit of examination-in-chief, earlier affidavit filed cannot be allowed to be withdrawn...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit of examination-in-chief - Once filed cannot be withdrawn - Deponent may file an affidavit subsequent to it and to add or supplement facts - Provision of O.18.R.4 CPC does not limit to file a single affidavit - However, deponent not be allowed to keep on filing fresh affidavits to keep improving his case..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit of examination-in-chief - When a new affidavit of examination-in-chief is filed the earlier one cannot be allowed to be deleted from record - All the affidavits shall form part of record - Other side shall have authority and opportunity to cross examine the witness on the basis of his affidavits as..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit by accused - Accused cannot be permitted to file affidavit in lieu of examination-in-chief in proceedings u/s 138 of the Act...........
Civil Procedure Code, 1908, Order 18, Rule 5 -- Examination-in-chief of PW1 through affidavit - PW1 was cross-examined - Compliance of O.18.R.5 CPC was made wherein after recording on oath PW1 had proved paper which was authorized letter for instituting suit - Statement of PW1 in evidence thus, cannot be disbelieved as contended by defendant...........
Civil Procedure Code, 1908, Section 151 -- Witness not present for cross examination - Court passed an order to eschew the chief evidence affidavit - Witness is an old man, aged about 69 years who was suffering from fever and jaundice - Medical certificate were produced in support of said fact - However, trial Court has not referred to any medical certificate produced by..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - Beyond pleadings - Trial of suit not to halt - Objection thereto has to be recorded and decided at the final stage - Cross examination too would be permitted, subject to the said objection(s)...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - Affidavit in evidence can factually expand on a plea taken in the plaint - It can also support factual assertions made in the plaint but it cannot contradict or state facts which cannot be derived from the plaint - Practice of filing..........
