Civil Procedure Code, 1908, Section 151, Order 18, Rule 7 -- Recall of a witness - No prohibition of further cross-examination on leave of Court - Documents allowed to be produced - Further cross-examiantion in respect of those documents necessary - Inherent powers also available - Permitting of such further cross-examiantion is not contrary to law...........
Civil Procedure Code, 1908, Order 19, Rule 1, 2, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory order under Order 39 CPC - Affidavit - Court can summon a witness for cross-examination if it thinks necessary to do so in the interests of justice...........
Civil Procedure Code, 1908, Order 32, Rule 15, Civil Procedure Code, 1908, Section 115 -- Mentally infirm - Representation by guardian -Party ninety years old and alleged to be physically and mentally infirm - Allowed to be represented by guardian - Order passed solely on basis of medical report given by Sub Divisional Medical Officer - Medical report relied upon though..........
Document -- Introducing a document in the cross examination of plaintiff - Plaintiff does not come into the category of such witnesses in the cross examination of whom a document relied upon but not produced earlier can be introduced in evidence. (Civil Procedure Code, O.8 R. 8-A (3) O.13 R.2, O;16. R.21 O.18 R.3-A, Evidence Act, 1872, Ss.118, 120 132, 145 and 155)...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Court by exercising inherent powers can recall a witness at any stage for the purpose of re-cross-examination or re-examination...........
Civil Procedure Code, 1908, Section 75, 77, 78, Order 26, Rule 4 - - Application for examination of plaintiff and witnesses (all of them living outside the jurisdiction of Court and therefore not amenable to process of Court) on Commission - All that Court has to determine, whether application made in good faith and not merely to delay disposal of suit or cause some..........
Civil Procedure Code, 1908, Order 16, Rule 21, 10, 11, 12 -- Witness keeping away after examination in chief - From a bare reading of O.16.R.21 it appears that the words `required to give evidence' used therein clearly indicate that the provisions as to witnesses shall apply to any party to a suit if he is required to give evidence or to produce documents by the other side..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Affidavits in support affidavit - Conflicting - Court can summon deponents for cross examination...........
Civil Procedure Code, 1908, Section 115 -- Cross examination of defence witness refused on ground of witness coming late - Order illegal - Order quashed...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 17 -- Recall of a witness for cross examination - Application entertainable u/s 151 CPC - Provisions of O.18.R.17 CPC does not enable such a privilege...........
