Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counsel engaged, written statement filed, issues struck - This shows the bona fides of the defendant that he always wanted to contest the suit - If the lawyer did not cross-examine the witnesses of he plaintiff and the lawyer did not inform the defendant to bring his evidence, such litigant..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Re - calling of witness for further cross - examination as witness could not be effectively cross - examined earlier - There has to be something more that mere wish of defendant to further cross - examine the witness of the plaintiff - Once witness has been cross - examined, he cannot be recalled for further cross -..........
Evidence Act, 1872, Section 138 -- Cross examination - Defendant whose interest does not clash with that of plaintiff has no right to cross-examine the plaintiff or his witnesses...........
Civil Procedure Code, 1908, Order 18, Rule 2, Civil Procedure Code, 1908, Order 14, Rule 1 -- Defendant whose interest does not clash with plaintiff and in fact supporting plaintiff - Not entitled to cross - examine plaintiff or his witnesses - Open to such defendant to get himself transposed as plaintiff and lead any evidence he wishes but as defendant cannot be permitted..........
Civil Procedure Code -- All the defendants filed a joint written statement and being represented through one counsel - Death of one of the defendants in 1992 - Evidence of plaintiff closed in 1994 and thereafter defendants also examined their witnesses - Counsel who had been appearing for all the defendants including deceased defendant cross-examined witnesses produced by..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree does not mean striking off from the record the evidence already recorded - If an opportunity is given to the defendant to cross-examine the witnesses whose evidence was recorded in his absence and is allowed to raise the question of admissibility of a document and seek for de-exhibiting it, if a..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Defendant proceeded ex parte - Subsequently joining proceedings - He can only cross examine plaintiff's witnesses and address arguments, but he cannot be permitted to lead evidence in support of his case...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10 -- Written statement not filed - Judgment to be passed only after recording of plaintiffs evidence - Defendants is entitled to cross examine the plaintiff's witnesses and can address arguments on the basis of plaintiffs case - Defendant is not entitled to lead any evidence of his own...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10, Evidence Act, 1872, Section 137 -- Written statement not filed - On proof of plaint allegations judgment can only be passed - Defendant's right to cross examine plaintiffs witnesses is limited to the extent of pointing out falsity or weakness of plaintiff's case and the same cannot be converted into presentation..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Striking out defence - Defendant's right to cross-examine plaintiff's witnesses - Question left open...........
