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...........
Civil Procedure Code, 1908, Order 18, Rule 3(4)(2), Civil Procedure Code, 1908, Order 18, Rule 4 -- Witness - Examination - Audio visual link - Witness living abroad - Appearance of witness on audio visual screen in Court is as good as his physical presence in Court - When recording of evidence of witness, through mechanical process is permissible under provision of Code,..........
Civil Procedure Code, 1908, Order 18, Rule 4(1), 5 -- (As amended) - Witness - Examination-in-chief - It is to be on affidavit and copies of affidavit are to be supplied to opposite party by party who has called witness for evidence - Procedure is mandatory and applies to every case whether appealable or not - This provision which empowers Court to treat affidavit as..........
Civil Procedure Code, 1908, Order 18, Rule 4 -as amended by Act 46 of 1999 and Rule 5 - Examination - in - chief in every case has to be on affidavit - Not confined to only cases not appealable - Rule 5 does not control amended Rule 4 - Examination - in - chief required to be recorded under provisions of Rule 4 - Discretion given to Civil Judge to record cross -..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement not filed - Still party has right to cross examine witnesses of plaintiff and to participate in the process of hearing - However, the scope of cross-examination cannot be permitted to travel beyond limited object of pointing out falsity or weakness of plaintiff's case and in any case, it cannot be converted..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte order - Setting aside - Court has power to set aside exparte order and to impose costs and put the applicant on terms - Costs to be imposed should be reasonable so as to compensate the plaintiff for the loss of time and inconvenience - Court can direct the defendant to file written statement within an appointed time or..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Documents - Late production - Application for late production of documents filed after 15 years of settlement of issues - Documents in power and possession and knowledge of applicant - Documents neither relied upon nor produced at appropriate stage - Production sought on pretext of clarification of points crept in during..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue as an indigent person - `Sufficient means' - Fact of FDR in the sum of Rs.75, 000/- in her name not mentioned in the application - However, applicant in cross examination admitted FDR in her name but stated that same is in possession of her in-laws and that applicant approached Bank authorities for loan..........
