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...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Sought at the stage when case was fixed for arguments - Dismissal of application - Order upheld...........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Affidavit of examination-in-chief - Bald statement that everything written in plaint is correct - Even there is no reiteration of statements made in plaint - There is no requirement at all for the defendant to cross examine him on those issues...........
Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Right to begin - Specific denial of fact by defendant - Plaintiff held, duty bound to begin first...........
Civil Procedure Code, 1908, Order 18, Rule 17, 18 -- Suit for possession on the basis of title - Original title deeds seized by police - Summoning of original title deeds to prove photocopies thereof sought at the stage of final arguments - To avoid gross injustice, one opportunity granted to petitioner to prove her title deeds in accordance with the provisions of Evidence..........
Constitution of India, 1950, Article 32, Supreme Court Rules, 1966, Order 18, Rule 5, Supreme Court Rules, 1966, Order 10, Rule 3, 4 -- Review petition - Maintainability - Grounds of violation of principles of natural justice - Review petition filed because sale deeds on basis of which rate of compensation for acquisition of lands was hiked were intentionally price..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff filed application to adduce rebuttal evidence before defendants began their evidence - There are several issues in the suit and burden lies on defendants to prove some of the issues - Moreover, plaintiff already granted time to adduce further evidence - Rejection of application to adduce rebuttal..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - Provision of O.18.R.3-A CPC is directory in nature - Court can examine party at later stage though permission as envisaged U.O.18.R.3-A CPC is not taken - In the instant case initially, defendant permitted his attorney to appear on his behalf as he was not in India - However, when defendant visited..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Deposition in affidavit of examination-in-chief beyond pleadings - Whether particular evidence in the shape of examination-in-chief affidavit pertains to the fact in issue or to the relevant facts, cannot be determined by High Court but opposite party will have sufficient opportunity to impeach the credibility of deponent by..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Deposition in affidavit of examinatio, i, chief beyond pleadings - Whether particular evidence in the shape of examinatio, i, chief affidavit pertains to the fact in issue or to the relevant facts, cannot be determined by High Court but opposite party will have sufficient opportunity to impeach the credibility of deponent by..........
