Civil Procedure Code, 1908, Order 8, Rule 10 -- Omission to file written statement - Even then defendant can cross examine witnesses of plaintiff in order to expose falsity or weakness of opponent's case - Defendant can also address arguments - However, defendant can neither lead evidence nor he can set up his defence in cross examination either directly or indirectly or..........
Civil Procedure Code, 1908, Order 19, Rule 1 -- Interlocutory application - To be decided on affidavits unless the Court finds it necessary to take oral evidence or to have the deponent of the affidavit produced in Court for cross-examination...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Further cross-examination - Not specifically mentioned in the application as to in what respect further cross-examination is essential and what are the essential questions which could not be put - Order of recall - Cannot be allowed to be sustained when the application is quite vague...........
Civil Procedure Code, 1908, Order 8, Rule 1, 2 -- Cross examination of witnesses when written statement not filed - Defendant can cross examine witnesses of plaintiff and also lead evidence in rebuttal to the limited extent of demolishing the plaintiff's case but cannot cross examine and lead evidence on special pleas which could have been raised had a written statement..........
Civil Procedure Code, 1908, Order 11, Rule 6, 7 -- Interrogatories which do not relate to any matters in question in the suit, have to be deemed to be irrelevant notwithstanding that they might be admissible during the oral cross-examination of a witness under the Evidence Act...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - It is the Court and not the party who can recall a witness and to put any question which the Court thinks necessary - Party cannot recall a witness who has already been cross-examined for further cross-examination...........
Civil Procedure Code, 1908, Order 7, Rule 14, 18(1) -- Plaintiff allowed to produce a receipt book for the purpose of cross examination during examination of defendant - A document which is produced by the plaintiff only for the purpose of cross-examination is not covered by the prohibition contained in O.7.R.18(1) - Order of trial Court upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Affidavit - Cross examination of deponent - Interim relief may be granted on basis of Affidavits - Cross examination at this stage not be allowed - Power to allow cross examination should be used very sparingly...........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Deponent - Cross examination - Petitioner has to submit very cogent reasons as to why he wants to cross examine the deponent - General type application not mentioning the specific points on which the petitioner wants to cross examine the deponent - Held, application is vague and is rightly rejected by trial Court...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for further cross examination - Once witness is cross-examined, he cannot be recalled for further cross-examination on the ground that he was not cross-examined effectively...........
