Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Permission sought when case was fixed for defendant's evidence - Defendant intends to further cross-examine PW1 on procedural aspects fixed by vendor of plaintiffs on various acts at the time of execution of sale deed - Said aspect came to knowledge of defendant on conclusion of..........
Civil Procedure Code, 1908, Order 13, Rule 1(3) -- Cross examination of the witness - Provision of O.13.R.1(3) CPC would apply when witness of the party is being cross examined and not when the party i.e. plaintiff or defendant, as the case may be, is being cross examined. (2014(Suppl.) Civil Court Cases 311 (Rajasthan) followed...........
Civil Procedure Code, 1908, Section 151 -- Giving up witness after tendering his affidavit of examination-in-chief - Merely because affidavit is tendered in evidence does not mean that witness has to be cross examined - Plaintiff is dominus litis - Defendant cannot insist that plaintiff should examine such a witness - Order allowing giving up witness, upheld...........
Partition suit -- Plaintiff in plaint mentioned that partition never took place but during cross-examination he admitted that they were residing separately and he had tenant in his portion - He also admitted the fact that he had taken separate electricity and water connection in the year 1981 and they were cooking food separately from 1977 - Defendant had raised..........
Agreement to sell -- Specific performance - Non framing of specific issue of readiness and willingness - Non denial in written statement of specific averment in plaint as to readiness and willingness - Plaintiff was subjected to elaborate cross examination by defendant on the aspect of readiness and willingness - Objection raised to this effect for the first time in..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Execution of promissory note in favour of plaintiff proved by PWs - Plaintiff had financial capacity to give loan - PWs deposed that payment was made in their presence - No contradiction in the evidence of PWs during cross-examination - Signatures of defendants on promissory note was not..........
Evidence Act, 1872, Section 137 -- Opportunity to cross examination plaintiff - Adjournment granted ten times to cross examine plaintiff and thereafter his Advocate pleaded no instructions - Impugned order declining opportunity of defendant to cross-examine plaintiff is proper...........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Production of documents - Application for issuing the direction to Bank to produce relevant loan documents - However, plaintiff no.1 was not subjected to any cross-examination by defendant on this aspect - Even, prima facie trial Court observes that loan was sanctioned by Bank in favour of plaintiff no.2 - Application..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Cross-examination of PWs by pendente lite purchaser - Suit for specific performance - No provision which debars pendente lite purchasers from cross-examining PWs - Pendente lite purchasers stepped into shoes of original defendant who has chosen not to contest the suit - Unless the pendente lite purchasers are given..........
Agreement to sell -- Specific performance - Time essence of contract - Execution of original agreement and extension agreement have been proved by plaintiff by his own evidence and also that of attestor PW2 - Nothing had been culled out from their cross-examination to doubt their evidence - Therefore, parties out of free will, mutually agreed to extend the time and..........
