Civil Procedure Code, 1908, Order 18, Rule 20 -- Partition - Preliminary decree passed - Final partition proceedings are not subject to any period of limitation...........
Civil Procedure Code, 1908, Section 153, Order 19, Rule 3, Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit - Defects in verification - Correct can permit it to be corrected...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Neither signed nor affirmed - In the examination on oath affidavit shown to the witness who stated that the contents thereof were true and correct - Held, the defects in the affidavit stand cured - Such affidavit can only be treated as an evidence only after the examination of the..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Neither signed nor affirmed - Court by exercising inherent power can allow the defect to be cured by permitting the affirmation to be made subsequently...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Leave of Court to reserve right - Plaintiff closed his evidence - Next day he filed application U.O.18.R.3 CPC that he has closed his evidence for the present - Defendant pleaded question of adoption - Held, if plaintiff is deprived of his right to lead rebuttal evidence then he will be deprived of his..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert cannot be examined in rebuttal evidence to prove the due execution of the agreement which plaintiff is required to prove only while leading evidence in affirmative - If plaintiff failed to lead evidence by way of examining a handwriting and finger print expert in affirmative to prove the..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Provision of O.18.R.17 CPC is only meant to enable a Court to clear any doubts which may arise with regard to the earlier statement of a witness recalled for examination - It enables a Court to put such questions to a witness as it thinks fit...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Documents attached with affidavit filed U.O.18.R.4 - Documents mentioned ax exhibits instead of annexures - Recall of plaintiff to rectify the mistake - Scope of examination in chief already furnished in the shape of affidavit not..........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Additional evidence - Can be allowed by invoking O.18.R.2 or S.151 CPC if it is really essential for just decision of the case...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Witnesses - Party has a choice as to number of witnesses to be examined - Party cannot be directed to file affidavit of all the witnesses at one and the same time...........
