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...........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 18, Rule 4(1) -- Proviso - Document - Admissibility - Objection as to admissibility of a document ought to be decided before marking it as exhibit...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Provision of O.18.R.4 CPC is applicable to the witnesses as well as the parties to the suit...........
Civil Procedure Code, 1908, Order 18, Rule 4, Oaths Act, 1969, Section 6(2) -- Evidence Act, 1872 - There is no conflict between O.18.R.4 CPC on one side and the provisions of the Oaths Act and the Evidence Act on the other...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Once a witness is examined and discharged, he cannot be permitted to be recalled on the ground that the witness has changed his statement or has changed his mind or that he earlier did not tell the truth...........
