Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission for local inspection - Eviction suit - Tenant wanted to prove the fact of availability of vacant rooms with landlord - Normally though a commission application to collect evidence after commencement of trial is not justified - However, during cross-examination, PW1 stated his preparedness to take out..........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Affidavit - Cross-examination of deponent - Two contradictory stands in two affidavits - Order allowing cross examination of deponent, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Demarcation report - Objections raised by plaintiff - Opportunity to lead evidence in support of objections not granted - Plaintiff's prayer to summon Local Commissioner for cross examination with respect to his demarcation report not acceded - Order confirming demarcation report without summoning Local Commissioner to face..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Re-examination of a witness - During cross examination of witness a request was made to re-examine the witness but trial Court observed that the same shall be allowed only if an application qua the same is moved - Impugned order allowing re-examination of witness calls for no interference as reasons given in the application..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petition by husband for restitution of conjugal rights - Admission by wife in cross examination that she is willing to pass her remaining matrimonial life with husband - Suit decreed on basis of admission by wife...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction and possession by way of partition - Concurrent findings of two Courts below that revenue record produced by plaintiff on record demonstrated that suit land was joint and same had not been partitioned - Even, DW1 had admitted in her cross-examination that suit land was not..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit of examination-in-chief - When a new affidavit of examination-in-chief is filed the earlier one cannot be allowed to be deleted from record - All the affidavits shall form part of record - Other side shall have authority and opportunity to cross examine the witness on the basis of his affidavits as..........
Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Can be produced or shown, for the first time, to witness in his cross examination...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Production/showing of documents, for the first time, to witness in his cross examination -..........
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..........
