Civil Procedure Code, 1908, Order 11, Rule 12 -- Comparison of signatures - Disputed signatures on will - Examined by Hand writing Expert and report given - Application to summon some file containing signatures of testator - can not be allowed - liberty to confront the same during cross examination of expert...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Defendant who has not filed written statement but is appearing Court cannot be proceeded ex parte - He can cross examine plaintiff's witnesses but such defendant cannot be allowed to lead evidence of his own - Cross examination should be limited to point out the falsity or weakness of plaintiff's case but in cross examination..........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Inspection by Court - Inspection note whether substantive piece of evidence - Held, No when expert witness clearly stated about the condition of the demised premises and there was no occasion for the Court to undertake an inspection and secondly expert witness was not subjected to any cross examination which clearly..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examinatio, i, chief - Should be in shape of affidavit in every suit whether appealable or not - Right of cross examination - To be allowed in Court (as amended by Amendment Act of 2002)...........
Civil Procedure Code, 1908, Order 18, Rule 4, 5 -- O.18.R.4 does not make any distinction between appealable and non appealable cases so far as mode of recording evidence is concerned - Such a difference is found only in Rule 5 and 13 of Order 18 - Rules 4 and 5 are required to be harmoniously construed - Both provisions are required to be given effect to, as Rule 5 cannot..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Witness - Recall for further cross examination - Reason stated that proper instructions could not be given to counsel on date of examination of said witness - Not a relevant ground for recall of witness for further cross examination - Application dismissed...........
Consumer Protection Act, 1986, Section 13, Civil Procedure Code, 1908 -- Cross-examination - Summoning of doctor for cross examination with reference to his affidavit filed in the complaint case as a witness of the complainant - Provisions contained in Order 19 Rule 2 of the CPC enables District Forum to order the attendance of the deponent for cross examination...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Power cannot be exercised by Court for cross-examination of witnesses by either of parties but for purpose of examination by Court itself...........
Civil Procedure Code, 1908, Order 19, Rule 2, 1 -- Court order that matter shall be decided on the basis of affidavits produced in evidence - Open to a party to move application before Court for attendance of deponent for purposes of cross - examination - Failure to exercise right conferred by Rule 2 to seek personal attendance of deponent for purpose of cross -..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief of witnesses on affidavit - Both plaintiff and defendant can be asked simultaneously to file - It does not violate O.18.R.1 - Cross examination of plaintiff's witnesses has nothing to do with examination-in-chief of defendant's witnesses...........
