Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for cross examination - Right to cross examine witness closed as Advocate of defendant was absent - Advocate of defendants senior citizen and due to circumstances beyond his control, he could remain present in Court - Party should not suffer for mistake of advocate - Right of defendant to cross-examination..........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3)(4) -- De-exhibiting a document - Document produced alongwith replication, without seeking leave of Court - Same exhibited during examination of plaintiff without any objection being raised by defendant - Defendant also cross examined on..........
Civil Procedure Code, 1908, Order 18, Rule 5 -- Examination-in-chief of PW1 through affidavit - PW1 was cross-examined - Compliance of O.18.R.5 CPC was made wherein after recording on oath PW1 had proved paper which was authorized letter for instituting suit - Statement of PW1 in evidence thus, cannot be disbelieved as contended by defendant...........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of defendant no.4 - Witness of defendant no.4 was present for cross-examination on two occasions - But on both the occasions witness of defendant no.4 not cross-examined by Counsel for plaintiff - Witness of defendant no.4 did not appear on one date on which his evidence was closed by Court - Evidence..........
Civil Procedure Code, 1908, Section 151 -- Witness not present for cross examination - Court passed an order to eschew the chief evidence affidavit - Witness is an old man, aged about 69 years who was suffering from fever and jaundice - Medical certificate were produced in support of said fact - However, trial Court has not referred to any medical certificate produced by..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Reopening of case and recall of a witness for cross-examination - LRs of deceased defendant filed similar application to recall PW1 for cross-examination and same was allowed - PW1 thus, was fully examined - Trial Court has given sufficient opportunities to cross-examine witnesses - Application rightly rejected...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Plaintiff was granted twelve adjournments to cross-examine defendant's witnesses - However, plaintiff not opted to cross-examine witnesses - Trial Court rightly closed right of cross-examination of plaintiff and listing matter for final hearing...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witnesses for further cross examination - Mere changing of counsel not a reason to seek further cross-examination of plaintiff's and defendant's witnesses...........
Evidence Act, 1872, Section 45, 73 -- Application for sending document to FSL - Plea in written statement that alleged document is concocted - Merely for this reason a document cannot be sent for examination by Forensic Science Laboratory (FSL) - It is always open for defendant to produce report of hand writing expert and lead evidence regarding allegations made in written..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has taken different stands as to payment of balance amount as he states that he had withdrawn the amount from bank but no evidence is produced and also states that he had taken loan from a commission agent but not examined as a witness - Plaintiff in his suit claims that defendant did not..........
