Civil Procedure Code, 1908, Order 26, Rule 10, 13, 14 -- Examination of Commissioner - Powers of Court - Suit for partition - Report submitted by Commissioner - Court is empowered U.O.26.R.10 CPC to summon Commissioner as witness to examine report in partition final decree proceedings with right of cross-examination to both the parties - U.O.26.R.10 CPC a party has right..........
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, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Witness examined and cross examined - Such witness cannot be summoned by opposite party as his own witness - Such witness even not allowed to be recalled for further cross examination...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross examination - Merely because plaintiff while being cross examined was covering his face with file is not a ground to recall plaintiff for further cross-examination as it is difficult to understand as in what manner such conduct of plaintiff caused any interference or obstruction in cross..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further cross examination - (1) Power of Court is discretionary power which should be used sparingly in appropriate cases (2) Power should be exercised to clarify any doubt it may have in regard to the evidence led by the parties (3) Discretion not to be exercised to allow a party to fill..........
Civil Procedure Code, 1908, Order 13, Rule 1(1) -- Production of document - Document sought to be produced during cross-examination of plaintiff - Provision contained in O.13.R.1(3) CPC would apply when witness of the party is being cross-examined and not when party i.e. plaintiff or defendant as the case may be is being cross examined - Moreover, said documents are not..........
Civil Procedure Code, 1908, Order 18, Rule 2, 4, Evidence Act, 1872, Section 138 -- Cross examination of a witness when in progress then other witnesses who are proposed to be examined should not be present in Court - If they are present, they would naturally become alert and fill the lacunae, that may be left in the evidence of the person, who is already examined as a..........
Civil Procedure Code, 1908, Order 18, Rule 2, 4, Evidence Act, 1872, Section 138 -- A witness proposed to be examined present in Court when cross examination of other witness was in progress - Trial Court held that evidence of that witness cannot be recorded at all and that affidavit filed by him in lieu of chief-examination be eschewed from consideration - Trial Court has..........
Civil Procedure Code, 1908, Section 151 -- Cross suits - Evidence - Separately recorded - Adoption of cross examination in earlier suit - Permissibility of - Held, once the evidence has been recorded separately in two different suits, it is not open to allow petitioner to adopt the cross examination in the earlier suit especially taking in consideration the fact that DW1..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling of witness - Defendant in his written statement nowhere pleaded that his signatures had been taken on blank paper which later on converted into impugned agreement - Agreement purports to bear thumb impression and not signatures of defendant - PW2 in witness box stated about due execution of agreement by defendant -..........
