Civil Procedure Code, 1908, Order 16, Rule 1(2), Civil Procedure Code, 1908, Order 12, Rule 2 -- Plaintiff as defendants witness - Provisions of O.12.R.2 and O.16.R.1(2) are not applicable - O.12.R.2 CPC does not enable the defendant to compel plaintiff to enter witness box to give evidence - O.16.R.1(2) is also not applicable as this provision does not deal with right of..........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witnesses - Not named in list of witnesses - Suit for cancellation of power of attorney and consequential sale deed - Original plaintiff executant of document expired - Two persons stamp vendor and Advocate Notary Public, who sold stamp in question and notarized document, thus become very relevant for purpose..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of opposite party as a witness - Court can allow when summoned party has no objection - However, if party so summoned as witness refuses to appear or objects to the summoning, Court cannot force the opposite party to appear as a witness for opposite party...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Provisions of O.16.R.1 CPC are not mandatory but only directory, as the procedural laws are meant for advancement of justice and not to subvert the same...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Witnesses - Not named in the list of witnesses - Court can allow, to summon such witnesses, if required for proper adjudication of case...........
Civil Procedure Code, 1908, Order 16, Rule 1(3) -- List of witnesses - A person not named as a witness in the list of witnesses can be examined only with the leave of Court, which can be granted by Court for sufficient cause...........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Affidavit in lieu of examination-in-chief of a witness not named in the list of witnesses tendered - Evidence of said witness not to be read in evidence, as leave to examine said witness not given - However, liberty is granted to plaintiff to file..........
Civil Procedure Code, 1908, Section 115, Order 16, Rule 1 -- Dismissal of application U.O.16.R.1 CPC - Revision thereagainst does not lie as such order does not qualify to be order which finally decides lis between parties...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Requirement of provision is that party filing the list of witness must briefly give the purpose for summoning the witness - In the absence of cogent reason for need of summoning the witnesses, application is liable to be dismissed on this ground alone...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Suit for declaration that information/communication ban is illegal and malafide with connected reliefs of damages and loss of reputation - Plaintiff failed to give any cogent reasons as to why senior officers of defendant are being summoned except stating that they are necessary to prove the case of..........
