Civil Procedure Code, 1908, Order 18, Rule 3A -- More than one party - Law does not prohibit more than one party to a suit or proceeding to be examined as witness...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- More than one party - As between the parties to the suit, the serial order in the cause title is not determinative of the order of their examination as witnesses...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - O.18.R.3-A CPC does not specify of order in which parties to a suit or proceeding shall be examined...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Permission sought when case was fixed for defendant's evidence - Defendant intends to further cross-examine PW1 on procedural aspects fixed by vendor of plaintiffs on various acts at the time of execution of sale deed - Said aspect came to knowledge of defendant on conclusion of..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of DW1 for further cross-examination on some material aspects - Plaintiff when intends to further cross examine DW1, he has to explain what are the material aspects on which further cross examination is required...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Non briefing of counsel at the time of cross examination of witnesses is not a ground for recalling witnesses for further cross examination...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Filing of application at belated stage without cogent reasons, which is filed to fill up lacunae - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 65 -- Secondary evidence in rebuttal - Onus to prove the assertion sought to be proved by way of rebuttal evidence was on plaintiff - Plaintiff cannot be allowed to lead evidence by way of secondary evidence in rebuttal, where onus was upon plaintiff to prove that issue...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for cross-examination - Laches on the part of defendants in attending the trial proceedings is on record - However, since the suit is contested unless there is evidence of both sides, dispute cannot be adjudicated on merits - If there are any laches on the part of parties, an endeavor can be made to dispose of..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence - Non-furnishing of copies of documents accompanying affidavits - Obligation as per statue is to serve copies of affidavit which has been filed as chief examination and so far as documents are concerned, there is no requirement in law to serve copies...........
