Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Main purpose of the rule is to enable the Court to clarify any doubts which it may have with regard to the evidence led by the parties - The provision is not intended to be used to fill up omissions in the evidence of a witness who has already been examined...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Evidence now sought to be led was already within knowledge of witness - It was only after cross examination of witness that certain lapses in evidence came to the notice - Does not make out a case for recall of a witness - Application rightly rejected...........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 65 -- Secondary evidence - Production of - Duty of court - Held, S.65 details several circumstances when secondary evidence can be adduced - Offer of a party to give proof of facts through secondary evidence is a matter of evidence and not a matter of essential pleading - Circumstances detailing..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Section , Order 18, Rule 4 -- Examination of summoned witness - Suit for permanent injunction dismissed by Lower Appellate Court by ignoring evidence of plaintiff as well as defendants recorded in examination-in-chief by way of affidavits - Judgment and decree of Lower Appellate Court set aside -..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 1 -- Evidence closed by order - Court on a proper consideration of facts can reopen the case and allow a party to lead evidence when a party shows reasons for its inability to give evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 18, Rule 4(1) -- Pleadings - Amendment - Commencement of trial - Filing of an affidavit in lieu of examination in chief of the witness amounts to commencement of trial...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Admissibility of evidence - Admissibility or relevancy of evidence contained in the affidavit of evidence - Can be admitted at any stage reserving its resolution until final judgment in the case...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit - Admissibility or relevancy - Objection as to - Need not be decided as they arise - Can be deferred to a latter stage of the suit but before the Court proceeds to judgment...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Admissibility of evidence - Court can always work out its own modality depending upon the peculiar facts of each case without causing prejudice to the rights of the parties to meet the ends of justice and not to give the handle to either of the parties to protract litigation - The aim should always be to prevent miscarriage..........
Civil Procedure Code, 1908, Order 13, Rule 4, 6, Civil Procedure Code, 1908, Order 18, Rule 4 -- Admissibility and/or proof of document - Objection as to - Must be decided at the stage it arises...........
