Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Witness present for cross examination whose affidavit of examination-in-chief was tendered and opportunity to cross examine witness not availed - No prejudice caused to defendant if this witness did not enter the witness box...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a party for further cross examination - Matrimonial dispute - Wife cross examined at length - Recall of wife for further cross examination to confront her with the video CD - CD was very much in existence when wife was cross examined at length - A witness cannot be re-summoned for further cross examination in order..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence on affidavit - Object of - Held, filing of affidavit, in terms of O.18.R.4 of CPC, of any witness is evidence of the witness to facilitate opposite party to enable and make him ready to cross-examine witness after proper preparation - Courts shall adopt normal practice of directing the party to produce evidence in..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence on affidavit - Permissibility - Petitioners are not seeking assistance of Court for production of witnesses - Petitioners themselves have filed evidence on affidavit of witnesses which is on record - Petitioners are ready to produce and will produce witnesses in Court at the time of their further..........
Civil Procedure Code, 1908, Order 13 -- Placing of documents on record and its proving - Eviction petition on ground of non-payment of rent - Tenant tended his affidavit in examination-in-chief along with documents and his cross-examination recorded - Petitioner filed application to place and prove on record renewed premium receipt and income tax returns alleging that..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Re-opening of evidence or recall of any witness for further examination or cross examination - For purposes other than securing clarification required by Court, inherent power u/s 151 of the Code can be invoked, subject to its limitations - Inherent power of Court is not affected by the express power conferred..........
Civil Procedure Code, 1908, Section 151 -- Statement of witness - - Rectification - Application for - From the trend of cross-examination, it appears that had the witness admitted his signature, cross-examination as made in the manner would not have been done - Held, trial Court directed to recall the witness again to put him specific question whether the said document..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Plaint - Amendment at appellate stage - Petition filed by respondent on the ground of desertion - By proposed amendment, respondent sought to introduce a new set of facts, which gave rise to a new cause of action - Some facts stated in proposed amendment were even contrary to the..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1-A, Evidence Act, 1872, Section 137 -- Any document can be produced in the cross examination of a party and the witness under cross examination can be confronted therewith - Similarly any document can be produced to that end for the witness to refresh his or her memory...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction suit - Amendment of written statement sought when petition was mature for final hearing - Plea of tenant that he was under impression that one of shops was in possession of somebody else, whereas during cross-examination of landlord, it was revealed that same..........
