Civil Procedure Code, 1908, Order 19, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4 -- O.19.R.1 does not empower the Court to compel the parties to prove any particular fact by affidavit - If both the parties agree only then affidavit would be substituted for evidence - Unless in exceptional circumstances where it is necessary to clarify things given by a witness in..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for further cross examination - Once witness is cross-examined, he cannot be recalled for further cross-examination on the ground that he was not cross-examined effectively...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Witness - Recall - Certain documents already on record left unexhibited due to lapse on the part of advocate - No prejudice is caused to defendant as he is compensated by costs and has opportunity to cross examine the witness - Order of recall by trial Court - Order upheld...........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Re - calling of witness for further cross - examination as witness could not be effectively cross - examined earlier - There has to be something more that mere wish of defendant to further cross - examine the witness of the plaintiff - Once witness has been cross - examined, he cannot be recalled for further cross -..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Document expert sought to be examined - Pleadings raised a specific controversy with regard to forgery of documents - Defendants cross-examined all witnesses of plaintiff and handwriting expert produced by them - Defendants also examined their own witnesses and voluntarily closed the evidence -..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- A-Obligation imposed on Court to apply its mind whether ingredients of Rule 17 - A satisfied in the given case or not - Court must further examine whether application not mala fide and not intended to merely delay the proceedings - Also appropriate for Court to examine whether the party had acted with due diligence or..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- A-Defendants' application to produce hand - writing expert by way of additional evidence - Pleadings raised a definite controversy with regard to forgery of documents - Defendants not only cross - examined all witnesses of plaintiffs and hand - writing expert produced by them but also examined their own witnesses before..........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Spot inspection by Court - Observations of Judge at the time of inspection can be used only for the purpose of better following and understanding the evidence adduced in the case or to test its accuracy - Such inspection cannot be substituted as evidence in the case nor the Judge can make it the foundation of his judgment...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - When a party consciously proceeds with the case and does not produce the evidence which he could have produced then it is improper to invoke the provisions of O.18.R.17-A of the Code later on...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Conditions necessary are (i) The party must satisfy the Court that after exercising due diligence some evidence was not within his knowledge (ii) That he could not produce that evidence with due diligence when he was leading evidence (iii) Interest of justice (iv) That application is genuine and filed..........
