Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recalling of witness - Specific stand taken by witness that original bills were with Punjab Pradesh Congress Committee - Petitioner took no steps to get deferred examination of witness but completed examination-in-Chief and thereafter cross-examination was also concluded and witness was discharged - Held,..........
Civil Procedure Code, 1908, Section 17, Order 18, Rule 17 -- Witness - Recalling of - When justified - Held, power to recall any witness U.O.18.R.17 CPC can be exercised by court either on its own motion or on an application filed by any of parties to suit - Such power is to be invoked not to fill up lacunae in evidence of witness which has already been recorded but to..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Section 151 -- Cross-examination - Adjournment - Grant of - Suit was filed in year 1993 - 17 years' have already expired - It is a suit where one of the partners has sought dissolution of firm and rendition of accounts - Since 2004, defendants are seeking dates on one pretext or other in order to delay..........
Civil Procedure Code, 1908, Order 18, Rule 17, 17-A -- Recall of witness for cross examination - Witness appeared 9 times for his cross examination - Application disallowed - Held, there cannot be more unjust situation and travesty of justice if in a small suit for recovery witness has to appear nine times for his cross examination...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Set aside but cross examination of witness refused - One chance given for cross examination of witnesses subject to payment of cost of Rs.10, 000/-...........
Civil Procedure Code, 1908, Order 18, Rule 4(2) -- Word `shall' in O.18.R.4(2) CPC has to be construed as `may' - Use of the word 'shall' is mandatory only to the extent that the cross examination of a witness whose affidavit has been taken on record in lieu of the examination in chief has to be taken, but whether it would be taken before the Court or before the..........
Civil Procedure Code, 1908, Section 35B -- Costs - Imposed for not cross examining the witness - If costs are not paid then appropriate course is to close the cross examination of the witness and prohibit the further prosecution of the suit or the defence, as the case may be by the defaulting party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Proposed amendment within knowledge at the time of filing of written statement - Amendment if allowed will change nature of suit - Amendment sought after examination and cross examination of plaintiff was over - Order rejecting application, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Party, who was newly impleaded had just one chance for his appearance to file his written statement before he was proceeded ex parte - It will be too harsh to deny him even to file the written statement - Exparte order set aside - Permission granted to file written statement but he will have no..........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Affidavit - Cross examination of deponent - Case adjourned twice - Defendants counsel not present - Evidence of plaintiff closed - Recall of order - Explanation given for absence appears not only satisfactory but also bonafide - Foreclosure of the defendants right to cross examine the plaintiff has resulted in grave..........
