Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witnesses - Not given within 15 days - Held, rules of procedure are meant for promoting the cause of substantial justice and not frustrating the same - Procedure is the handmaid of justice - Order closing evidence - Set aside...........
Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Two sets of defendants - Main issue of actual partition - That issue supported by one set of defendants - Defendant supporting the issue to lead evidence first - That defendant can keep his right reserved to lead rebuttal evidence, the onus of which is on the other set of defendants...........
Civil Procedure Code, 1908, Order 18, Rule 4(2), Civil Procedure Code, 1908, Order 26, Rule 1 -- Local Commissioner to record evidence of a witness - Before appointing a Commissioner, Court to ensure (i) filing of examination-in-chief in the form of an affidavit with a copy to the opposite party; (ii) Immediately thereupon Court to resolve questions as regards the proof..........
Civil Procedure Code, 1908, Section 11, Order 18, Rule 1, 3 -- Application U.O.18.R.1 dismissed being not filed at the time when case was first posted for evidence - Does not operate as res judicata for filing application U.O.18.R.3 - O.18.R.1 and O.18.R.3 though lead to same consequence but they stand on different sequence...........
Civil Procedure Code, 1908, Order 18, Rule 4, 5, 13, Civil Procedure Code, 1908, Order 26, Rule 1 -- Recording of evidence - Mode of - No difference in appealable or non appealable case...........
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 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Closure of evidence by order - Application U.O.18.R.17 dismissed - Revision against order closing evidence is still maintainable when evidence was ordered to be closed inspite of the fact that Diet Money and Process fee of witnesses had been deposited as the order is perverse..........
Civil Procedure Code, 1908, Order 17, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 2 -- Two of plaintiff's witnesses ill and not present on date - Evidence closed - Sickness of witnesses sufficient ground for adjournment - Order set aside - Plaintiff allowed to examine his witnesses on payment of Rs.500/- as costs...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Defendant No.10 alleged to be colluding with plaintiff - His evidence to be recorded first out of other defendants enabling the defendant to rebut his as well as plaintiff's evidence...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- It is an enabling provision entitling defendant of right to begin - Court not competent to direct defendant to enter witness box before plaintiff and lead evidence in support of its case...........
