Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - L.R. of deceased plaintiff cross examined on several dates - Death of witness before completion of his cross examination - Suit cannot be decreed only on the basis of affidavit of said witness...........
Will -- Probate - Attestation or notarization of Will is not required to seek probate - However, judicial notice can be taken of fact that party may get Will notarized being ignorant of said fact. (Para 10) Will - Probate - Variation of signatures of daughter of testator on attested notarized Will - Appellant appointed as executor of Will, as he was neighbour and close..........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ex parte order - Setting aside - Process server failed to observe mandatory requirement of O.5.R.17 CPC, before resorting to record refusal straightaway, without even, obtaining statement of witness to that effect - Even no affixation was done at door or on conspicuous..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - `After commencement of trial' - Due diligence - Neither plaintiff filed affidavit by way of evidence nor examined any witness - Trial cannot be said to have commenced merely because matter was fixed for evidence - Hence, no question of due diligence while deciding amendment application does not..........
Civil Procedure Code, 1908, Section 151 -- Correction of error in affidavit - U, signed affidavit - Court is duly vested with powers u/s 151 CPC to correct any error and if there is any mistake on the part of witness by not putting the signature on the affidavit, Court can certainly ask such person to do the needful - Moreover, objection to the same has to be pointed out..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4, Civil Procedure Code, 1908, Order 18, Rule 4 -- De-exhibiting of documents tendered alongwith affidavit of examination-in-chief - A party can raise objection qua admissibility and mode of proof of documents tendered along with affidavit of examination-in-chief at the time of cross examination of the witness..........
Suit for possession -- Defendant claiming to be a tenant for life time on payment of Rs.One Lakh in lump sum - Affidavit to that effect attested by Notary Public - Trial Court held that affidavit was a forged document in view of statement of expert witness and he also having made report on the basis of his expert knowledge that certain lines were added subsequently and..........
Evidence Act, 1872, Section 137, 138 -- Examination of witness - When a witness had filed affidavit, he submitted himself for cross-examination, then it was the duty of Court to grant opportunity to plaintiff to allow for examination of witness - If despite granting opportunity, witness is not produced for cross-examination only then Court has to pass the order to discard..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - Attesting witness of agreement to sell - Earlier evidence of plaintiff was closed by orders - Though attesting witness had not appeared on relevant date but his affidavit already produced was not discarded by lower Court - Suit is for specific performance and interest of justice requires that plaintiff should be..........
Criminal Procedure Code, 1973, Section 311 -- Complaint u/s 138 of N.I.Act - Taking on record the duly attested affidavit of CW2 by way of additional evidence - Mistake of party - Three complaints presented by complainant and all were being tried simultaneously and on same day - Three attested affidavits were to be tendered in three separate complaint cases but..........
