Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross examination - A witness cannot be recalled for further cross examination for elaboration on the points left out in the cross examination, when points on which witness is to be further cross examined are not mentioned...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Court can recall a witness in order to clarify any issue or doubt either suo moto or at request of any party - There is no specific provision in CPC however, enabling parties to reopen evidence for purpose of further examination-in-chief or cross-examination...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Recall of one defendant by another defendant - Both of them are on the same side, without any conflicting interest against each other - Such defendant was protecting his own right and was cross-examined by plaintiff, did not come up with any application for reopen and recall on the ground that he had to..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of expert witness for cross examination - Court itself found it necessary to cross examine the expert witness with a view to arrive at a just conclusion for doing complete and substantial justice between the parties - Court is well within its jurisdiction to pass the order allowing recall of expert witness for cross..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - A witness not named in the list of witnesses cannot be allowed to be examined as a witness at the fag end of trial - Moreover, recall of a witness is only when a witness is examined - Application for summoning witness rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witness for further cross-examination - Defendants sought further cross-examination of PW2 by confronting a `notarized declaration' said to be made by her - However, defendants failed to file such application at the appropriate stage - Even defendants failed to show that application is intended to..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Once matter is reserved for judgment, parties have no right even to move application without seeking reopen of matter for recall of any witness - Though on their bringing to the notice of Court any necessity, Court can exercise that power...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Admittedly, respondent/subsequent purchaser joined suit proceedings after the statements of petitioner witnesses have been recorded - No illegality in order for recalling witnesses for cross-examination - Application allowed...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for cross-examination - Failure to cross-examine plaintiff despite several opportunities granted for the purpose - It may have serious repercussions and consequences for defendant in case plaintiff is not cross-examined - Keeping in view the principles of natural justice, defendant should not be allowed..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further examination-in-chief - Court can call any witness at any stage or recall any witness, if it considers that some clarification is required from witness - However, there is no such provision under law for recalling the witness again and again for the same purpose - Application..........
