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...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness - On such recall, only the Court is entitled to put questions to the witness and not the parties - However, parties can suggest to Court the questions to be so put and the Court under inherent powers can also permit the party to examine/cross examine such recalled witness...........
Civil Procedure Code, 1908, Order 18, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Applicant now wants to examine the witness whom he had earlier cross examined - Practice needs to be curbed and is equally unhealthy as a practice...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for cross examination - Witness could not be cross examined as counsel was busy in another Court - A party should not be allowed to suffer due to lapse on the part of his counsel - Only one witness i.e. plaintiff was to be cross examined - One opportunity given to cross examine the plaintiff...........
Civil Procedure Code, 1908, Order 18, Rule 4, 1, 2 -- Affidavit of examination-in-chief - Affidavit of examination-in-chief of defendant to be taken from the defendant after cross-examination of the plaintiffs and his witnesses is complete...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Parties directed to file affidavits of examination-in-chief - Thereafter defendant sought permission to file additional affidavit of examination-in-chief - Additional affidavit of examination-in-chief amounts to further examination-in-chief of the witness - Such further examination-in-chief..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Parties directed to file affidavits of examination-in-chief - Thereafter defendant sought permission to file additional affidavit of examination-in-chief - Additional affidavit of examination-in-chief amounts to further examination-in-chief of the witness - Can be permitted only at the end..........
Civil Procedure Code, 1908, Order 18, Rule 4(As - - Recording of evidence - Court can order recording of evidence on commission - Consent of parties is not material...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Court framed an additional issue - Plaintiff recalled for further cross examination which was to be confined to the fact arising out of new issue and he was not permitted to go beyond that aspect - Order of trial court recalling plaintiff for further examined upheld...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1, 1-A -- Examination-in-chief of a witness on affidavit - Provision of O.18.R.4(1) CPC applies only when a party examines a witness without issuance of summons as contemplated U.O.16.R.1-A and not of a witness who is summoned U.O.16.R.1 CPC...........
