Civil Procedure Code, 1908, Order 7, Rule 11, Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Article 18 -- Rejection of suit - Limitation - For Art.18 of Limitation Act to apply the acknowledgment of liability must be within the period of limitation - The acknowledgment of liability having been made beyond the stipulated period of limitation..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Right to put questions to witness recalled U.O.18.R.17 CPC is given only to Court and even cross-examination is not ordinarily permitted on the answers given to such questions, without leave of Court...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Witness cannot be recalled at the instance of a party for the purpose of examining, cross-examining or re-examining - Power to recall and re-examine a witness is exclusively that of Court trying the suit...........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence - Seventeen effective opportunities had been granted to defendant to lead evidence and her evidence was already closed - Application filed only to delay the suit filed by plaintiff - Moreover, O.18.R.17-A CPC has already been deleted, there is thus, no right to lead additional evidence - Application..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of expert witness - Merely for explaining medical terminologies, witness cannot be recalled...........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Recording of statement of fingerprint and handwriting expert - Order was passed in an application for taking specimen handwriting of defendant no.2, that same would be taken up at the time of evidence of plaintiff - However, evidence of plaintiff had been closed and in..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Expert opinion - Will in question was produced by defendant after closing evidence of plaintiff - Since defendant has led expert evidence in respect of said will thereafter opportunity has to be granted to plaintiff to rebut said evidence - It is also not denied that plaintiff had closed his evidence only..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Main purpose of O.18.R.17 CPC is to enable Court to clarify any doubt which it may have with regard to evidence led by parties - However, provision of O.18.R.17 CPC cannot be used to fill omissions in the evidence of a witness who already stands examined in detail...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for further cross-examination - Once plaintiff was examined and cross-examined at length, there was no question of witnesses being recalled merely on the ground that certain material questions were not put to said witnesses - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Matrimonial dispute - Wife is residing in USA and because of her nature of job, she was unable to come to India for her evidence - Dismissal of application without giving any reasons - Impugned order set aside - Application allowed...........
