Civil Procedure Code, 1908, Section 151, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Summoning of a plaintiff's witness at the instance of defendant for cross examination who was not examined by plaintiff suspecting his bona fides but whose affidavit in lieu of examination in chief was filed - Where the name of an individual figures in the list of witnesses, the..........
Civil Procedure Code, 1908, Section 151 -- Recall of plaintiff's witness for further cross examination - No convincing reasons furnished - Trial Court dismissing application holding that application is filed to further delay the proceedings - No interference warranted...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Evidence now sought to be led was already within knowledge of witness - It was only after cross examination of witness that certain lapses in evidence came to the notice - Does not make out a case for recall of a witness - Application rightly rejected...........
Civil Procedure Code, 1908, Order 17, Rule 1(2), Evidence Act, 1872, Section 137 -- Witness present in Court has to be examined - Failure of concerned party to examine or to cross examine - Court can dispense with examination-in-chief or cross examination of the witness...........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 65 -- Secondary evidence - Production of - Duty of court - Held, S.65 details several circumstances when secondary evidence can be adduced - Offer of a party to give proof of facts through secondary evidence is a matter of evidence and not a matter of essential pleading - Circumstances detailing..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleading - New defence is not permissible when necessary foundation is not laid in the pleading and other side is not put to notice by any suggestion in the cross examination...........
Civil Procedure Code, 1908, Order 26, Rule 10-A, Evidence Act, 1872, Section 45, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Local Commissioner - Second visit - Local Commissioner appointed who submitted his report - As there was subsequent deterioration of premises Local Commissioner again allowed to reinspect the premises for filing..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for cross examination - Witness could not be cross examined as counsel was busy in another Court - A party should not be allowed to suffer due to lapse on the part of his counsel - Only one witness i.e. plaintiff was to be cross examined - One opportunity given to cross examine the plaintiff...........
Civil Procedure Code, 1908, Order 18, Rule 4, 1, 2 -- Affidavit of examination-in-chief - Affidavit of examination-in-chief of defendant to be taken from the defendant after cross-examination of the plaintiffs and his witnesses is complete...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Parties directed to file affidavits of examination-in-chief - Thereafter defendant sought permission to file additional affidavit of examination-in-chief - Additional affidavit of examination-in-chief amounts to further examination-in-chief of the witness - Can be permitted only at the end..........
