Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may recall a witness for further examination or cross-examination invoking O.18.R.17 CPC where there exist any doubt on the issue stated by witness even after recording of statement of said witness...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross-examination - Defendant failed to convince Court with any valid and sufficient reason that Court may exercise its discretion to recall PW1 or permit fresh evidence - Application filed after hearing the arguments is not bonafide, bereft of reasons and without any justification - Application..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Advocate Commissioner - Objections - Dispute is completely factual and trial Court in its order has considered each and every issue raised by plaintiff - Advocate Commissioner was also put to cross-examination and trial Court has also discussed the points taken up in cross-examination - There being no discrepancy..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of defendant no.4 for further cross examine qua documents - Documents in question have been exhibited subsequent to completion of cross-examination of defendant no.4 - Plaintiff did not get opportunity to cross examine defendant no.4 on these documentary evidence - Principle of natural justice demands that plaintiff..........
Civil Procedure Code, 1908, Order 13, Rule 1, 4 -- Power of attorney - Production and proof - Power of attorney executed by wife in favour of husband and husband appeared as PW1 being power of attorney of plaintiff with a specific stipulation in this regard in his affidavit of examination-in-chief - There was no cross examination conducted on this point - In such..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents sought to be produced is the affidavit in evidence of respondent's son in another trial - However, necessary pleading is not available in the plaint with regard to affidavit in evidence or contents thereof - Petitioner can use the evidence on affidavit during course of cross-examination..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for cross-examination - Matter was adjourned at the instance of plaintiffs - No serious default committed by defendants - Defendants right to cross-examine cannot be forfeited - Application allowed subject to payment of costs of Rs.5,000 to plaintiffs...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of defendant and his witnesses for further cross examination - After remand of case both the parties refused to lead any fresh evidence - It was not appropriate for trial Court to allow recall of defendant and his witnesses for further cross examination without any cogent reason - Impugned order set aside...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of handwriting and finger print expert - Allowed by trial Court - His report produced and his examination-in-chief recorded - Defendant granted an opportunity to cross examine handwriting and finger print expert and defendant to lead further evidence to counter the evidence of handwriting and..........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Defendant not appeared as his own witness - Summoning him as Court witness for cross examination - Plaintiff can request Court to draw adverse inference but is not entitled to compel an opposite party to subject himself for cross examination...........
