Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witness - Merely summoning a witness to produce a document does not imply that a decision on the relevancy of document was taken...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of Kanungo with revenue record - Entries in jamabandi are per se admissible in evidence - There is no need to put the entries in jamabandi to witness - No explanation as to how revenue record to be put to witness is necessary when same has not been proved while leading evidence in affirmative - Application rightly..........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Proposed evidence would not throw light on the principal issue at dispute as it is only to shake the credibility of witnesses with reference to presence or absence of another person at the time of transaction - Proposed evidence is immaterial and inconsequential to decide the issue - Application..........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Suit for declaration of title - All material evidence to decide the title of both the parties is very much essential - Serious dispute about tampering of revenue record basing on which defendant sets up title - Record sought to be summoned and evidence of Tehsildar are very much vital - Order..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Summoning of witness - Certified copies of evidence of witness in other proceedings, which are relevant, sought to be confronted with the witness - Court ought to have given an opportunity to mark the same through said witness - Application allowed...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for cancellation of gift deed - Gift deed was executed before Sub-Registrar - Examination of Sub-Registrar is necessary for proper and effective adjudication of suit - Application allowed...........
Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Summoning of witnesses not named in the list of witnesses - Cannot be declined on the ground that cause for such omission is not pleaded when their examination appears necessary for determining real question of controversy between parties...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of witness - A witness cannot be summoned to let in evidence not supported by pleadings...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of public servant as a witness - Dispute over immovable property - Courts not to ordinarily summon public servants to support the cause of one party unless Court itself is of the opinion that evidence of such public servant is required to adjudicate on the seriously disputed questions arising in the..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - O.16.R.1(3) CPC confers a wider jurisdiction on Court to cater a situation where party has failed to name the witness in list or party is unable to produce him or her on his own U.O.16.R.1-A CPC - In such situation party out of necessity may seek assistance of Court U.O.16.R.3 CPC to procure presence..........
