Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for further cross-examination qua pleas of fraud and misrepresentation raised in the amended written statement - In absence of witnesses confronted with the allegations raised in the written statement, it may cause serious prejudice to him at the time of final disposal of suit - Application allowed - Cross..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for cross-examination - Failure to cross-examine plaintiff despite several opportunities granted for the purpose - It may have serious repercussions and consequences for defendant in case plaintiff is not cross-examined - Keeping in view the principles of natural justice, defendant should not be allowed..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further examination-in-chief - Court can call any witness at any stage or recall any witness, if it considers that some clarification is required from witness - However, there is no such provision under law for recalling the witness again and again for the same purpose - Application..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 18, Rule 4(3) -- Divorce by mutual consent - Recording of statement through Video conferencing - Presence in Court - Does not necessarily mean physical presence - Rule 4(3) provides for recording evidence either by writing or mechanically in presence of the Judge...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for partition - Defendant taking plea of previous partition - Defendant will lead evidence first and thereafter plaintiff will lead evidence in rebuttal - Defendant is to lose if neither party adduces evidence...........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 18, Rule 17 -- Late production of documents - Recall of a witness - Documents, which were sought to be filed now, were available with the plaintiff - However, no foundation was made in the plaint with regard to those documents - More so, plaintiff earlier availed the opportunity to file the..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Additional evidence cannot be lead in the garb of rebuttal evidence - There is difference between rebuttal evidence and additional evidence - Evidence in rebuttal cannot be lead to fill lacunas in evidence...........
Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Evidence - Recording of evidence through Video conferencing - Request by a party or a witness to record evidence through video conferencing - Court should be liberal in granting such a prayer - Merely because a witness is traveling and is in a position to travel does not necessary imply that witness must be required to..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiff claiming 1/4th share in suit property by alleging that property was acquired from joint family nucleus - Defendant however, pleaded self acquisition - Burden lies on plaintiff who asserts that there was nucleus with which the Joint family property was acquired - Plaintiff directed..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - A witness cannot be recalled for further examination merely for the reason that he wrongly deposed...........
