Civil Procedure Code, 1908, Section 115, Order 18, Rule 4 -- Order for taking affidavit of witness in lieu of recording his evidence by Court in examination-in-chief - Since order does not finally dispose of suit proceedings, revision does not lie against such an order...........
Civil Procedure Code, 1908, Order 18, Rule 4, 5 -- Examination-in-chief by way of affidavit - In appealable as well as in non appealable cases examination-in-chief of a witness is to be by way of affidavit - The expression `every case' in O.18.R.4 CPC would be rendered illusory and otiose if recording of examination-in-chief by affidavit is confined to only those cases..........
Civil Procedure Code, 1908, Order 18, Rule 4 -as amended by Act 46 of 1999 and Rule 5 - Examination - in - chief in every case has to be on affidavit - Not confined to only cases not appealable - Rule 5 does not control amended Rule 4 - Examination - in - chief required to be recorded under provisions of Rule 4 - Discretion given to Civil Judge to record cross -..........
Civil Procedure Code, 1908, Order 18, Rule 4, 5, 13 -(As amended) - Examination-in-chief by way of affidavit - Ultimate judgment or decree when appealable evidence to be recorded by Court U.O.18.R.5 CPC - However in cases where ultimate judgment or decree is not appealable then discretion is conferred upon Court to accept examination-in-chief in the form of affidavit as..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - In case where burden of proof on all issues is on the plaintiff, question of his reserving a right to adduce rebuttal evidence does not arise...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Further evidence - Court should be liberal in permitting the parties to adduce such evidence as they wish to bring on record, provided it is not an abuse of process of Court or a part of delaying tactics...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Rebuttal evidence by plaintiff - Cannot be allowed to be led on the issues the burden of which was on the plaintiff...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot be allowed to produce evidence to rebut evidence led by defendant in rebuttal to evidence led by plaintiff on issues burden of which was on plaintiff - Swaran Singh's case 1999 (1) PLJ 382 Followed - M/s. Punjab Steel Corporation's case 2002 (1) PLR 99 Distinguished...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Provision does not confer any power on the Court to direct the defendant to adduce evidence first if defendant himself has not claimed such right in view of the contingencies mentioned in the provision...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Basic ingredients missing that additional evidence was either not in knowledge or after exercise of due diligence it could not be produced at then time of leading evidence - Moreover applicant failing to disclose details showing relevance of Annexures to be produced with controversy raised - Order..........
