Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right to lead evidence in rebuttal not reserved - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on plaintiff himself - No expert witness can be allowed at this stage...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Once matter is reserved for judgment, parties have no right even to move application without seeking reopen of matter for recall of any witness - Though on their bringing to the notice of Court any necessity, Court can exercise that power...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff can lead evidence in rebuttal only on those issues the burden of proof of which is on the defendant - When evidence sought to be adduced in rebuttal is not on those issues, he has no right to lead evidence in rebuttal...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in rebuttal to rebut the evidence adduced by defendant on the issues the burden to prove of which was on plaintiff as in order to discharge his onus, plaintiff is required to lead evidence in affirmative...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Object - It is to minimize disposal time of recording evidence as well as dispensing with lengthy procedure of Court for recording evidence of every witness produced before it or summoned to appear before it...........
Motor Vehicles Act, 1988, Section 169, Civil Procedure Code, 1908, Order 18, Rule 4 -- Accident - Claim petition - Examination-in-chief on affidavit is permissible at discretion of Tribunal, subject to any objection being raised by defendants, which will require decision thereon by Tribunal - Moreover, cross-examination and re-examination is not permissible on affidavit..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence or additional evidence - Handwriting and finger print expert examined by plaintiff with permission of Court after closing his evidence in affirmative - Plaintiff claiming it to be rebuttal evidence and defendant claiming it to be additional evidence and thus having right to rebut the same - Said..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Evidence in rebuttal can be adduced by plaintiff only on those issues the burden to prove of which is on defendant...........
Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Production of Shop Books - If plaintiff sues for recovery of amount on basis of an entry in shop book or other account in his possession or power, plaintiff shall produce same at time of filing plaint along with copy of entry and Court below would mar document after comparing and..........
Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Rokar Bahi - Instant case falls within miscarriage of justice as original of rokar bahi entries have not been proved on record in accordance with law, in essence, mere exhibition of document does not dispense with proof of same - Even respondent has failed to prove signatures of appellant..........
