Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence qua additional issue - Additional issue framed after closure of evidence by plaintiff - Denial of opportunity to plaintiff to lead evidence in rebuttal on additional issue would amount to denial of equal opportunity to him, thereby causing a manifest injustice, which will be against the basic principles of..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - A witness not named in the list of witnesses cannot be allowed to be examined as a witness at the fag end of trial - Moreover, recall of a witness is only when a witness is examined - Application for summoning witness rightly rejected...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Prior partition of suit land by metes and bounds alleged by defendant - Burden is on defendant to prove prior partition - Defendant rightly directed to begin first...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witness for further cross-examination - Defendants sought further cross-examination of PW2 by confronting a `notarized declaration' said to be made by her - However, defendants failed to file such application at the appropriate stage - Even defendants failed to show that application is intended to..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for defamation - Defendant denied allegation of defamation made against him - Plaintiff has to prove his case - Defendants not required to begin with the evidence first - Thus, plaintiff is rightly directed to begin with his case...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Once plaintiff opened his case and adduced evidence qua all issues including ones of which onus was on defendants and has not reserved his right to adduce any evidence in rebuttal, he cannot be permitted to lead any evidence to rebut the evidence adduced by defendants...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Provision of O.18.R.3-A CPC being procedural law is not mandatory in nature...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Examination of authorized representative before examining other witnesses - Such direction issued on an application filed by defendant which is totally in conformity with provision of O.18.R.3-A CPC, as plaintiffs has not sought any permission from Court to examine its authorized representative after examination of other..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of an expert - Cannot be allowed in rebuttal, as this was well within the knowledge of plaintiffs at the time when they were leading evidence in affirmative - Application rightly rejected...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - L.R. of deceased plaintiff cross examined on several dates - Death of witness before completion of his cross examination - Suit cannot be decreed only on the basis of affidavit of said witness...........
