Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Court framed an additional issue - Plaintiff recalled for further cross examination which was to be confined to the fact arising out of new issue and he was not permitted to go beyond that aspect - Order of trial court recalling plaintiff for further examined upheld...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1, 1-A -- Examination-in-chief of a witness on affidavit - Provision of O.18.R.4(1) CPC applies only when a party examines a witness without issuance of summons as contemplated U.O.16.R.1-A and not of a witness who is summoned U.O.16.R.1 CPC...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-A -- Additional evidence - Deletion of O.18.R.17-A CPC does not debar Court to allow additional evidence in exercise of inherent jurisdiction, at any stage, if justice so warrants...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examinatio, i, chief - Affidavit - Witness is required to enter witness box to testify the contents of his respective affidavits - Affidavit does not form part of evidence unless deponent enters the witness box and confirms that the contents of the affidavit are as per his say and the affidavit is under his signature and this..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief - Filed by way of affidavit - Failure to mention certain details in the affidavit - Does not preclude the plaintiff to enter the witness box to depose further - It also does not preclude the Court from permitting the plaintiff to lead further evidence of examination-in-chief before the Court in addition..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Once an issue the onus of which initially is on the defendant, the plaintiff certainly has right to rebut the evidence led by the defendant on that issue...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Onus to prove some issues was on the defendant - Defendant confronted some documents and marked those documents while plaintiff was leading evidence - Those documents duly proved by defendant while he was leading evidence - Held, plaintiff gets a right to lead rebuttal evidence only when those documents..........
Civil Procedure Code, 1908, Order 18, Rule 3-A -- Plaintiff as its own witness to appear before examining other witnesses - Provision of O.18.R.3-A CPC is directory and not mandatory - However, in all cases its non observance should not lead to the extreme penalty of expunging the evidence already recorded...........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Court inspection - Court can undertake inspection only if there is some confusion created by the evidence already adduced - Merely for the reason that Court has prepared inspection note the evidence of expert witness cannot be said to be not looked upon - Court cannot base its judgment solely on the basis of inspection note..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Reservation of right - Last stage for exercising option to reserve the right of rebuttal can be before the other party begins its evidence...........
