Civil Procedure Code, 1908, Order 26, Rule 10-A, Evidence Act, 1872, Section 45, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Local Commissioner - Second visit - Local Commissioner appointed who submitted his report - As there was subsequent deterioration of premises Local Commissioner again allowed to reinspect the premises for filing..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for cross examination - Witness could not be cross examined as counsel was busy in another Court - A party should not be allowed to suffer due to lapse on the part of his counsel - Only one witness i.e. plaintiff was to be cross examined - One opportunity given to cross examine the plaintiff...........
Civil Procedure Code, 1908, Order 18, Rule 4, 1, 2 -- Affidavit of examination-in-chief - Affidavit of examination-in-chief of defendant to be taken from the defendant after cross-examination of the plaintiffs and his witnesses is complete...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Parties directed to file affidavits of examination-in-chief - Thereafter defendant sought permission to file additional affidavit of examination-in-chief - Additional affidavit of examination-in-chief amounts to further examination-in-chief of the witness - Can be permitted only at the end..........
Civil Procedure Code, 1908, Order 19, Rule 2 -- Affidavit - Cross examination of deponent - Evidence of deponent necessary as he is a relevant witness about the possession of the property in dispute - Order closing evidence set aside - Trial Court directed to allow cross examination of deponent...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Court framed an additional issue - Plaintiff recalled for further cross examination which was to be confined to the fact arising out of new issue and he was not permitted to go beyond that aspect - Order of trial court recalling plaintiff for further examined upheld...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed for default - Delay - Application for condonation of delay rejected on ground that there is inconsistency in evidence and that no documentary evidence was produced to substantiate the statement - Suit was at the stage of cross-examination of plaintiff - Held, rejection of application on..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Statement therein beyond pleadings - Cannot be struck out - It is always open to the opposite party to put the same to the witness in his cross examination...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Irrelevant matters - Opposite party can point out to Court that irrelevant matters have been averred in the affidavit - Court can either direct the deponent to file a fresh affidavit after eschewing the irrelevant matters or Court itself can eschew the irrelevant matters so that cross..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Production of documents for cross examination of witness - Respondent for first time in his examination in chief stated that compromise was made between parties and both suit were agreed to be withdrawn - To controvert, this averment a letter was sought to be produced by petitioner - Cannot be termed as belated one - letter..........
