Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Ex parte order - Setting aside - Counsel not appeared on the relevant date which resulted in ex parte order passed against defendants - Party cannot be made to suffer for fault of counsel - Foreclosure of defendant's right to cross-examine PW1 and PW2 has resulted in grave prejudice to right of defence of..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1A(4)(a), Civil Procedure Code, 1908, Order 13, Rule 1(3), Evidence Act, 1872, Section 137 -- Production of documents - at the stage of cross examination of a party when appearing as its own witness or a witness, is permissible in law...........
Civil Procedure Code, 1908, Order 26, Rule 10(3) -- Report of Advocate Commissioner - Challenge as to - Commissioner's report can be scrapped only after recording of entire evidence and demonstrating that commissioner's report is flaw - Suit is at the stage of cross-examination of PW1 - Petitioner ought not to have approached Court at the premature stage when Court below..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Attachment of property - Suit filed against Company through its Managing Director - Petitioner being Managing Director has given personal undertaking in the written statements, chief-affidavits as well as in cross-examination for repayment of suit amounts personally - He cannot now take a ground that he is..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Permission sought when case was fixed for defendant's evidence - Defendant intends to further cross-examine PW1 on procedural aspects fixed by vendor of plaintiffs on various acts at the time of execution of sale deed - Said aspect came to knowledge of defendant on conclusion of..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of DW1 for further cross-examination on some material aspects - Plaintiff when intends to further cross examine DW1, he has to explain what are the material aspects on which further cross examination is required...........
Civil Procedure Code, 1908, Order 13, Rule 1(3) -- Cross examination of the witness - Provision of O.13.R.1(3) CPC would apply when witness of the party is being cross examined and not when the party i.e. plaintiff or defendant, as the case may be, is being cross examined. (2014(Suppl.) Civil Court Cases 311 (Rajasthan) followed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Non briefing of counsel at the time of cross examination of witnesses is not a ground for recalling witnesses for further cross examination...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Filing of application at belated stage without cogent reasons, which is filed to fill up lacunae - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for cross-examination - Laches on the part of defendants in attending the trial proceedings is on record - However, since the suit is contested unless there is evidence of both sides, dispute cannot be adjudicated on merits - If there are any laches on the part of parties, an endeavor can be made to dispose of..........
