Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Affidavit - Cross examination of deponent - Interim relief may be granted on basis of Affidavits - Cross examination at this stage not be allowed - Power to allow cross examination should be used very sparingly...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay can be condoned even without filing separate application if delay is explained in the affidavit filed in support of application made to set aside exparte decree...........
Civil Procedure Code, 1908, Order 19, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4 -- O.19.R.1 does not empower the Court to compel the parties to prove any particular fact by affidavit - If both the parties agree only then affidavit would be substituted for evidence - Unless in exceptional circumstances where it is necessary to clarify things given by a witness in..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Delay - Condonation - Petition dismissed for default - Affidavit averment of the tenant about the collusion between his then counsel and the landlord without any proof of the same - Not a ground to condone the inordinate delay of 2037 days in filing the petition...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Application should contain a list of documents giving full particulars thereof such as date, parties thereto and description - Each document should also bear a certificate of endorsement made by the counsel or the party that the said document was the one referred to in the affidavit or application of..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Leave to defend - When to be granted - Defendant entitled to unconditional leave to defend : (1) if defendant satisfies Court that he has a good defence to the claim on merits ; and (2) if defendant raises a triable issue indicating that he has a fair or bona fide or reasonable defence, although not a possibly good defence..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence after evidence of both the parties already closed - Applicant - plaintiff filed affidavit in support of averment that additional evidence came to his knowledge after evidence of plaintiff already closed - No counter - affidavit filed by defendant - Plaintiff should be given opportunity to examine..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence - Defendant pleaded execution of an affidavit in written statement but the same was put on record when entire evidence of plaintiff was examined - Held, plaintiff could examine the handwriting expert to prove that no such affidavit was executed by him only after the affidavit was put on record -..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence by way of examination of Handwriting Expert - Stage at which plaintiff could examine Handwriting Expert to prove that Affidavit not executed by plaintiff - Came only after Affidavit brought on record - Plea that execution of Affidavit pleaded in written statement and plaintiff having complete knowledge..........
Civil Procedure Code, 1908, Order 18, Rule 3-A -- Party to appear as his own witness first before examining other witnesses - Court can allow a party to appear at a later stage for reasons to be recorded - Party wishing to appear at a later stage, need not seek permission of the Court at the threshold itself - It is sufficient if a petition is filed as required under the..........
