Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Plaintiff was granted twelve adjournments to cross-examine defendant's witnesses - However, plaintiff not opted to cross-examine witnesses - Trial Court rightly closed right of cross-examination of plaintiff and listing matter for final hearing...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross-examination - Previous counsel did not call upon plaintiff to produce sale deed of land - Does not constitute a ground for recall of witness merely because present counsel has given an advice that same was necessary...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witnesses for further cross examination - Mere changing of counsel not a reason to seek further cross-examination of plaintiff's and defendant's witnesses...........
Civil Procedure Code, 1908, Order 16, Rule 6, Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 18, Rule 17 -- Production of documents and recall of witnesses for further cross examination - Proper reasons not assigned - Not stated in application as to what is the relevancy of documents to be produced - Not stated as to why witnesses are..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to divorce petition - Facts sought by way of amendment by husband cannot be said to be not within his knowledge at the time of filing of written statement - Cross-examination is already commenced - Application for amendment is filed mainly to delay disposal of divorce suit - Rejection of..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - Beyond pleadings - Trial of suit not to halt - Objection thereto has to be recorded and decided at the final stage - Cross examination too would be permitted, subject to the said objection(s)...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - If any part of affidavit in evidence is objected to including the ground of mode of proof or admissibility, such objections can be recorded and subject to same being decided at the time of final adjudication, cross-examination could..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Plaintiffs were avoiding cross-examination of defendants on one ground or other - Framing of additional issue at this late stage when evidence was so near completion would only delay decision of suit - Application U.O.14.R.5 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of local Commissioner - Objections - Parties have right to cross examine Commissioner, upon permission so granted by Court - Objections filed by parties are to be considered after cross examination of commissioner...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Defendant in cross examination in another suit admitted of knowledge of proceedings of the present suit - However, in cross examination there was no specific suggestion that he had been proceeded ex parte in the present proceedings and that he was aware of having been proceeded ex parte -..........
