Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Irrelevant matters - Opposite party can point out to Court that irrelevant matters have been averred in the affidavit - Court can either direct the deponent to file a fresh affidavit after eschewing the irrelevant matters or Court itself can eschew the irrelevant matters so that cross..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-A -- Additional evidence - Document sought to be produced essential for just and proper adjudication of the case - Evidence which otherwise is material cannot be shut only due to some delay in moving application for additional evidence - Application for additional evidence allowed...........
Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Evidence - Right to begin - Direction to defendant to lead evidence before plaintiff leads his evidence cannot be issued - Only when defendant claims right to begin under Rule 1 and the plaintiff disputes existence of such a right, Court will have to decide the question whether the defendant has acquired a right to begin...........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Spot inspection by Court - Merely on the basis of spot inspection no finding can be recorded...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Not permissible on the ground that a material question could not be put to him in cross examination...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot as a matter of right lead evidence in rebuttal on issues, the onus of proof which is on them...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 5 -- Additional Evidence - Application for permission to prove compromise between the parties effected during pendency of suit - Defendant appeared as witness - Not stating anything about compromise - Compromise affected prior to examination of defendant - No right to prove compromise by way of additional evidence -..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal of rebuttal evidence - Plaintiff examined expert to compare thumb impression on statement - Defendant examined expert to compare some thumb expressions - Plaintiff in rebuttal permitted by the High Court to examine expert with regard to thumb expression on one sale deed - Application by defendant to examine second..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- recalling of witness - Affidavits of witnesses tendered in evidence - Witnesses cross examined - Affidavits not signed by witnesses - Application for summoning witnesses to append signatures on affidavits - Opposed - Affidavits duly attested by Oath Commissioner - Witness signed register of Oath Commissioner -..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examinatio, i, chief - Defendant is not expected to file affidavit when the case is posted for the plaintiff's evidence...........