Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by trial..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application had permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Defendants supporting plaintiff - Cannot be asked to lead evidence first before contesting defendant when no reason is assigned why such defendants should be examined first and no prejudice is shown which is likely to be caused to the contesting defendant - Neither party can insist that other one should be asked to lead its..........
Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Will - Once defendants had led their entire evidence to prove execution of Will, onus of which was on defendant No.1, then it was right of plaintiff to rebut the said evidence by leading rebuttal evidence...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Evidence need not always be led by the party who has the right to begin and on whom lies the burden of proof - It is open to him to sustain the onus by facts which he may elicit in cross examination of other party or his witnesses...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Where the defendant admits the facts alleged by plaintiff but contends that plaintiff is not entitled to any part of relief which he seeks, it is the defendant who gets the right to begin...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - O.18 CPC in terms speaks of `hearing' of a suit and not the trial of suit...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Where Court finds that defendant's plea strikes of the root of case, there would be no hitch in asking him/her to prove such plea first which can lead to disposal of the case...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - There is no impediment for Court to call upon either party to lead evidence first, depending upon the facts and circumstances of the case and the nature of the issues framed - Neither party can insist that the other one should be asked to lead it first - It all depends upon what the Court deems proper in the..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for cross-examination - Defendant granted several opportunities but he did not cross-examine PW1 - Though defendant was negligent in not defending suit, yet an opportunity has to be granted to defendant by placing him on terms - Application allowed subject to payment of costs of Rs.10,000 payable to plaintiff...........
