Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling of witness - Defendant in his written statement nowhere pleaded that his signatures had been taken on blank paper which later on converted into impugned agreement - Agreement purports to bear thumb impression and not signatures of defendant - PW2 in witness box stated about due execution of agreement by defendant -..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a party for further cross examination - Matrimonial dispute - Wife cross examined at length - Recall of wife for further cross examination to confront her with the video CD - CD was very much in existence when wife was cross examined at length - A witness cannot be re-summoned for further cross examination in order..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Summoning of a plaintiff's witness at the instance of defendant for cross examination who was not examined by plaintiff suspecting his bona fides but whose affidavit in lieu of examination in chief was filed - Where the name of an individual figures in the list of witnesses, the..........
Civil Procedure Code, 1908, Order 17, Rule 1(2), Evidence Act, 1872, Section 137 -- Witness present in Court has to be examined - Failure of concerned party to examine or to cross examine - Court can dispense with examination-in-chief or cross examination of the witness...........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Summons to produce documents - Person so summoned does not become a witness - Cannot be cross examined unless and until he is called as a witness...........
Civil Procedure Code, 1908, Order 18, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Applicant now wants to examine the witness whom he had earlier cross examined - Practice needs to be curbed and is equally unhealthy as a practice...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for cross examination - Witness could not be cross examined as counsel was busy in another Court - A party should not be allowed to suffer due to lapse on the part of his counsel - Only one witness i.e. plaintiff was to be cross examined - One opportunity given to cross examine the plaintiff...........
Civil Procedure Code, 1908, Order 26, Rule 4-A -- Examination of witness by commission - Attesting witness of will, former Chief Justice of High Court - Trial Court ordered examination by appointing Local Commissioner - Relying on Salem Advocate Bar Association's case contention raised that attesting witness of will should have been examined in Court itself - Contention..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- recalling of witness - Affidavits of witnesses tendered in evidence - Witnesses cross examined - Affidavits not signed by witnesses - Application for summoning witnesses to append signatures on affidavits - Opposed - Affidavits duly attested by Oath Commissioner - Witness signed register of Oath Commissioner -..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 3 -- Witness - Recall for cross examination - Witness not cross examined inadvertently - Recall of witness for cross examination - It neither amounts to leading additional evidence nor it is an attempt to fill up lacuna - It also does not amount to reopening of evidence in affirmative - In case any evidence comes..........
