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...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-A -- Additional evidence - Deletion of O.18.R.17-A CPC does not debar Court to allow additional evidence in exercise of inherent jurisdiction, at any stage, if justice so warrants...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examinatio, i, chief - Affidavit - Witness is required to enter witness box to testify the contents of his respective affidavits - Affidavit does not form part of evidence unless deponent enters the witness box and confirms that the contents of the affidavit are as per his say and the affidavit is under his signature and this..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief - Filed by way of affidavit - Failure to mention certain details in the affidavit - Does not preclude the plaintiff to enter the witness box to depose further - It also does not preclude the Court from permitting the plaintiff to lead further evidence of examination-in-chief before the Court in addition..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Once an issue the onus of which initially is on the defendant, the plaintiff certainly has right to rebut the evidence led by the defendant on that issue...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Onus to prove some issues was on the defendant - Defendant confronted some documents and marked those documents while plaintiff was leading evidence - Those documents duly proved by defendant while he was leading evidence - Held, plaintiff gets a right to lead rebuttal evidence only when those documents..........
Civil Procedure Code, 1908, Order 18, Rule 3-A -- Plaintiff as its own witness to appear before examining other witnesses - Provision of O.18.R.3-A CPC is directory and not mandatory - However, in all cases its non observance should not lead to the extreme penalty of expunging the evidence already recorded...........
