Civil Procedure Code, 1908, Order 16, Rule 6 -- Production of public document - Defendant can get certified copy of the same - Application rightly rejected...........
Civil Procedure Code, 1908, Order 16, Rule 6, Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 18, Rule 17 -- Production of documents and recall of witnesses for further cross examination - Proper reasons not assigned - Not stated in application as to what is the relevancy of documents to be produced - Not stated as to why witnesses are..........
Civil Procedure Code, 1908, Order 16 -- O.16 CPC is to be invoked not later than 15 days after settlement of issues or in other words the provision is meant to be invoked after settlement of issues and prior to Court proceeds to try the case...........
Civil Procedure Code, 1908, Order 16, Rule 6, Civil Procedure Code, 1908, Order 11, Rule 21 -- Willful and deliberate default to comply with direction issued U.O.16.R.6 CPC - Held, trial Court is not empowered to invoke jurisdiction to strike out defence U.O.11.R.21 CPC - Court has no other alternative than to adjudicate on issues, as if documents were no, existent...........
Civil Procedure Code, 1908, Order 16, Rule 1, 6, 7 -- Summoning of witnesses and documents - Failure to establish relevance of witnesses summoned and relevance of document sought to be summoned - Dismissal of applications, upheld...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 2 -- Summoning of witness - Application filed for verification of signatures by handwriting expert - Provision of O.16.Rr.1, 2 CPC deals with summoning and attendance of witnesses - It does not speak about verification of signatures on documents by any person by handwriting expert - Even otherwise, defendants are..........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Calling adversary as a witness - Only as an exception - Trial Court not to exercise discretion in this regard when facts and circumstances of case do not warrant such action...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Divorce petition - Wife suffering from mental disorder - Husband filed application to summon doctors who examined wife on different dates - However, husband not mentioned name of doctors whom he wants to summon - Application rightly rejected...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Ancestral property - Proof of - To prove nature of property as ancestral, revenue excerpt is essential and necessary for placing on record and in absence thereof suit may be dismissed - Kanungo did not bring the complete record as record was only upto particular pedigree - Summoning of other Kanungo to prepare excerpt afresh..........
Civil Procedure Code, 1908, Order 16, Rule 1(2), Civil Procedure Code, 1908, Order 12, Rule 2 -- Plaintiff as defendants witness - Provisions of O.12.R.2 and O.16.R.1(2) are not applicable - O.12.R.2 CPC does not enable the defendant to compel plaintiff to enter witness box to give evidence - O.16.R.1(2) is also not applicable as this provision does not deal with right of..........
