Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Original sale deed brought on record after examination of defendant No.3 - Petitioner did not get opportunity to cross examine defendant No.3 in respect of said sale deed - Held, defendant No.3 is required to be recalled for cross examination to the extent of the said sale deed in question - Court can..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought when PW1 was examined and his cross examination was completed - Application rejected - Confirmed in revision - Concurrent findings of both the courts below based on the law laid down by Apex Court - Held, no interference warranted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - While allowing amendment of written statement Court directed that cross examination of plaintiff made by defendants Nos.16 & 17 be not read in evidence since defendants Nos.16 & 17 have been deleted by the Court from the array of parties - Trial Court committed an error - Once the trial Court..........
Civil Procedure Code, 1908, Order 19, Rule 2 -- Affidavit - Cross examination of deponent - Court can summon deponent for cross examination at the instance of either party - Power conferred on the Court is a discretionary power and it is to be exercised judiciously...........
Civil Procedure Code, 1908, Order 18, Rule 4(2) -- Commission appointed to record cross examination of parties - Commission appointed by High Court at Bombay - Defendant No.1 residing at Nagpur - Defendant has to appear before Commission at his cost for cross examination...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - To introduce counter claim - Issues framed and order passed for cross examination of witnesses of plaintiff - Proviso to O.6.R.17 CPC puts an embargo on exercise of power to allow amendment after trial has commenced - Application dismissed...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence by way of affidavit - Defective verification - Verification in affidavit not open to challenge if the witness has been subjected to cross examination and there is no material that any prejudice is caused on account of defective verification...........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Article 113 -- Second appeal - Concurrent findings - Absence from duty - Termination - Suit for declaration - Limitation - Plea that impugned order was never communicated to the appellant hence the limitation could be counted from the date the order was either so communicated or it came to the knowledge of the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Evidence recorded prior to setting aside exparte decree - Not erased after setting aside exparte decree - Defendant can cross examine those witnesses - Failure or refusal to cross examine those witnesses - Defendant cannot raise grievance that evidence recorded in examination-ion-chief in his..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - At appellate stage - Amendment sought explanatory in nature - Not causing any prejudice to the plaintiff - Delay not a ground to reject the application - No error in allowing amendment at the appellate stage - As for as amendment concerning resiling from the statement made by a witness in cross..........
