Evidence Act, 1872, Section 137, 138 -- Examination of witness - When a witness had filed affidavit, he submitted himself for cross-examination, then it was the duty of Court to grant opportunity to plaintiff to allow for examination of witness - If despite granting opportunity, witness is not produced for cross-examination only then Court has to pass the order to discard..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - Attesting witness of agreement to sell - Earlier evidence of plaintiff was closed by orders - Though attesting witness had not appeared on relevant date but his affidavit already produced was not discarded by lower Court - Suit is for specific performance and interest of justice requires that plaintiff should be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Amendment sought to incorporate the circumstances under which forgery was perpetrated - Defendant who carries through the cross-examination of plaintiff and allows plaintiff to conclude his evidence cannot bring a plea after conclusion of plaintiff side..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Evidence already commenced - Plaintiff under cross examination - Plaintiff under the garb of amendment application cannot be permitted to overcome the contradictions that have emerged in the course of his cross examination - Application dismissed...........
Adverse possession -- Claim of defendant that he was in possession of suit property for the last 35 years, not proved, as there is no document on record to prove the same - Plaintiff on the other hand stated that property fell to his share - Defendant did not make any cross-examination of plaintiff on this aspect - Witnesses proved on record that property belongs to..........
Evidence Act, 1872, Section 138 -- Permission to cross examine defendant sought at the stage of appeal - Plea that opportunity to cross examine defendant was wrongly closed by trial Court - Several opportunity were granted to cross examine defendant - Opportunity to cross examine defendant was closed when plaintiff did not cross examine defendant - Application to set aside..........
Civil Procedure Code, 1908, Order 18, Rule 1, Evidence Act, 1872, Section 138 -- Proforma defendant - Cross examination - Proforma defendant is to be cross examined first by plaintiff and then by the contesting defendant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Written statement to the amended plaint - Defendant to file his written statement to the amended plaint only upto the extent of amendment made in the plaint - Defendant shall also have the right to cross examine again, already examined plaintiff, but only upto the extent of the amendment made in the..........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Examination of witnesses - Denial of - Validity - Prayer for tendering affidavits of witnesses declined - Trial Court granted last opportunity to examine remaining evidence - Defendant No.2 literally tried to exhaust plaintiff by cross-examining her attorney PW1 in parts and on a number of occasions - PWs.5 and 6 tendered..........
Evidence Act, 1872, Section 138 -- Cross examination of a defendant by co-defendant - No conflict of interest between the two defendants - No right to cross examine co-defendant - In case an adverse statement is made by one defendant against another defendant in examination-in-chief then other defendant has right to cross examine such defendant - Such cross examination has..........
