Civil Procedure Code, 1908, Order 18, Rule 2, Civil Procedure Code, 1908, Order 14, Rule 1 -- Defendant whose interest does not clash with plaintiff and in fact supporting plaintiff - Not entitled to cross - examine plaintiff or his witnesses - Open to such defendant to get himself transposed as plaintiff and lead any evidence he wishes but as defendant cannot be permitted..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence - Can be allowed if such evidence : (i) not previously known to party seeking to produce it; (ii) could not be produced despite due diligence - Once a party able to satisfy Court on either of the two conditions - Additional evidence normally permitted to be produced...........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence application - Omission to indicate in application itself as to whom intended to be summoned to prove the documents - Relief regarding proof of documents - Cannot be declined on a technical ground...........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Categorically mentioned in application for additional evidence that documents sought to be produced and proved by way of additional evidence were within knowledge but could not be produced earlier despite due diligence and this fact came to notice of counsel only at the time of preparing arguments - Production of documents..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Application should contain a list of documents giving full particulars thereof such as date, parties thereto and description - Each document should also bear a certificate of endorsement made by the counsel or the party that the said document was the one referred to in the affidavit or application of..........
Civil Procedure Code, 1908, Order 18, Rule 17, 2(4) -- Additional evidence - Provisions of Order 18 Rule 17 - A always subject to provisions of Order 18 Rule 2(4) - Additional evidence can be adduced if required for a proper adjudication of controversy - Claim for recovery of amount said to have been embezzled - Seeking to adduce evidence with regard to details of amount..........
Civil Procedure Code, 1908, Order 18, Rule 2(3) -- Rebuttal evidence - Will set up by defendant in his written statement - Onus on defendant to prove Will - Opportunity to plaintiff for rebuttal not given on ground that it was for the plaintiff to challenge the Will in a Court of competent jurisdiction - Held, this has caused prejudice to the rights of the plaintiff - Once..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Production of `Bahi' as additional evidence - Document in question was within knowledge and possession of the applicant - No reason as to why `Bahi' was not produced earlier - No reasonable cause for its non production - Document which is neither filed nor relied upon earlier cannot be permitted to be..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Party seeking to produce additional evidence - Required to show: (i) as to what evidence sought to be produced by way of additional evidence, and (ii) such evidence has a bearing on the point involved in the suit and is relevant for that purpose - Application does not mention any evidence which is sought to be produced by..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Witness can be shown and questioned as regards photostat copy of document already on record - Same will not amount to admission of said document in evidence. (Evidence Act, 1872, S.63)..........
