Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - To prove record of rights - Record of rights maintained by authority neither creates title nor extinguishes the same - Said record of rights cannot throw light on title of respective parties, which are to be decided on the strength of documents in relation thereto - Recalling of witness for proving such..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Party cannot be allowed to recall the witness for re-examination or re-cross-examination in a routine and mechanical manner - If intention of party is to prolong or drag the proceeding and grounds on which such recall is sought have no bearing on the issues involved therein, Court shall reject the..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Documents in question were already on record which were filed with evidence on affidavit and were tendered for marking - But same were not marked as exhibits - Application for recall of witness in order to lead further evidence for the purpose of marking those documents as exhibits - Application..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross examination - Merely because plaintiff while being cross examined was covering his face with file is not a ground to recall plaintiff for further cross-examination as it is difficult to understand as in what manner such conduct of plaintiff caused any interference or obstruction in cross..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross examination on the ground that his earlier counsel did not cross-examine the witness properly - Tenant had been changing counsel quite often and even during cross-examination of landlord, tenant changed three counsel one after the other - It is now fourth one engaged by tenant on whose..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further cross examination - (1) Power of Court is discretionary power which should be used sparingly in appropriate cases (2) Power should be exercised to clarify any doubt it may have in regard to the evidence led by the parties (3) Discretion not to be exercised to allow a party to fill..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further cross examination - While allowing recall of witness it was stated that questions appended to the recall petition appear to be genuine and required for just and proper adjudication of the matter in controversy and to clarify the ambiguities in the evidence - There is no mention as..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross-examination - Power of recall a witness is vested in Court primarily for seeking clarification on any of aspects arising in suit - Provision not to be used to fill up omissions in the evidence of a witness...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Cannot be allowed on the ground that earlier counsel did not properly cross examine the landlord and that he changed his counsel...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Not permissible when case is at the stage of arguments...........
