Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Suit for specific performance - Comparison of thumb impressions of defendant with those on agreement to sell - Not permissible in rebuttal evidence when it was for plaintiff to prove valid agreement to sell by leading affirmative evidence...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Evidence - Right to begin - Held, rules contained in O.18 CPC regulate hearing of suit and examination of witnesses - It is always invariably the plaintiff, who got the right to begin trial - But if defendant admits facts alleged by plaintiff and disputes plaintiff's entitlement to any part of relief, defendant shall have..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Closure of evidence - Exercise of power by Court - Held, Court should not exercise power U.O.18.R.17 to recall a witness to fill up the lacunae in the evidence of witnesses which have already been recorded - No doubt, Court can exercise jurisdiction to clear any ambiguity that may have arisen during the..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of handwriting expert in rebuttal evidence - Execution of agreement denied - Onus to prove validity of agreement was on plaintiff - Held, plaintiff cannot be allowed to examine an expert in rebuttal evidence on an issue in which the onus of proof was on him - Order allowing rebuttal evidence,..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right to rebuttal cannot be exercised unless the onus of an issue is upon other party and the party beginning reserved the right before the evidence of other party commenced...........
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, Order 18, Rule 4 -- Evidence on affidavit - Object of - Held, filing of affidavit, in terms of O.18.R.4 of CPC, of any witness is evidence of the witness to facilitate opposite party to enable and make him ready to cross-examine witness after proper preparation - Courts shall adopt normal practice of directing the party to produce evidence in..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence on affidavit - Permissibility - Petitioners are not seeking assistance of Court for production of witnesses - Petitioners themselves have filed evidence on affidavit of witnesses which is on record - Petitioners are ready to produce and will produce witnesses in Court at the time of their further..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Power to recall any witness who has been examined earlier is conferred exclusively on the Court and parties are debarred to invoke the provision...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Counter-claim - Rebuttal of - Opportunity for - Plaintiff in counter-claim took a definite defence stand in his written statement - Held, on conclusion of recording of evidence of defendants in counter claim court has every power to allow plaintiff to adduce his rebuttal evidence in counter-claim on those issues in which onus..........
