Civil Procedure Code, 1908, Section 115, Order 18, Rule 3 -- Right to let evidence in rebuttal - Permission to reserve the right refused Not a case decided within the meaning of S.115 CPC...........
Civil Procedure Code, 1908, Order 18, Rule 5, 8, 14 -- Statements of the witnesses dictated in English to the typist - The provisions of O.18.R.5 are directory and non compliance with them does not render the deposition inadmissible - Non compliance with the provisions of O.18.Rr.5, 8 and 14 by the Court is not illegality but an irregularity not affecting the merits of the..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Either the Court its own motion or at the instance of the party can recall a witness...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Only the court can put question to a recalled witness...........
Civil Procedure Code, 1908, Order 18, Rule 13 -- Evidence by affidavits - No agreement of the parties to give evidence by affidavits nor and order permitting plaintiff to do so - Evidence should have been recorded U.O.18.R.13 CPC...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Can be allowed when in a situation due to default an essential ingredients of a case has remained to come on record, i.e. in a case where an attesting witness was not asked to identify a particular document...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Can be allowed when Court is fully and genuinely satisfied about the bonafides of circumstances that are pleaded...........
Civil Procedure Code, 1908, Order 18, Rule 2(3) -- Rebuttal evidence - Onus on defendant to prove Will - Opportunity to plaintiff for rebuttal not given - Held, this has caused prejudice to the rights of the plaintiff allowed to lend evidence in rebuttal on issue of Will...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- A - Additional evidence -Document expert allowed to be examined after the close of evidence by the defendant - Plaintiff in his application for additional evidence pleading that after the close of evidence by defendant he became aware that executant of agreement to sell had executed a mortgage deed in favour of bank and his..........
