Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Matrimonial litigation - Wife sought permission to recall herself and to mark passport of husband - Husband admitted that passport is with wife - Wife permitted to recall herself and mark the document through her...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Scope - Provision of O.18.R.17 CPC empower Court at any stage to recall and examine any witness whose evidence it deems essential for the judicious adjudication of the matter and would be required to clarify on certain issues but at the same time it is to be kept in mind that the same is not a provision to be used to fill in..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross-examination - Previous counsel did not call upon plaintiff to produce sale deed of land - Does not constitute a ground for recall of witness merely because present counsel has given an advice that same was necessary...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Contradictory versions given by a witness - Clarification - When there are two versions of a witness, which according to adverse party are contradictory and inconsistent, in order to get clarification from witness, Court has power to recall any witness either on its own motion or on application filed by..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness to clarify as to whether she signs in English or in Hindi - No further documents be permitted to be put to witness as these documents would reopen the entire evidence - As it is Court which requires some clarification as such it will be Court who will put questions to witness recalled...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Recall of witness - Plaintiff examined patwari but he failed to bring official record with respect to khasra girdawari and pedigree table and for this plaintiff cannot be found fault with - At rebuttal stage, application has been made in time to examine concerned daftar kanungo who will bring..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Re-examination of a witness - Application filed without any reason for re-examination of a witness cannot be permitted and power to recall a witness U.O.18.R.17 CPC, ought to be used sparingly only to enable Court to clarify any doubts on evidence already led by parties and it cannot be used to fill up omissions in evidence..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a PW1 for further cross-examination - Petitioner cross-examine PW1 on three separate occasions and she had a counsel at that point of time, who participated in cross-examination and such cross-examination was done in her presence - It is also not denied by petitioner that till date she had avoided going into..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137 -- Recall of a witness for further cross-examination - Failure to cross-examine witness on certain aspects by itself is not a ground enough to recall witness for further cross-examination...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for cross-examination - Witness not cross examined despite grant of several opportunities - Conduct of petitioner is such that he is keen on to procrastinate the proceedings - Application rightly dismissed...........
