Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross examination - Merely because plaintiff while being cross examined was covering his face with file is not a ground to recall plaintiff for further cross-examination as it is difficult to understand as in what manner such conduct of plaintiff caused any interference or obstruction in cross..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further cross examination - (1) Power of Court is discretionary power which should be used sparingly in appropriate cases (2) Power should be exercised to clarify any doubt it may have in regard to the evidence led by the parties (3) Discretion not to be exercised to allow a party to fill..........
Civil Procedure Code, 1908, Order 13, Rule 1(1) -- Production of document - Document sought to be produced during cross-examination of plaintiff - Provision contained in O.13.R.1(3) CPC would apply when witness of the party is being cross-examined and not when party i.e. plaintiff or defendant as the case may be is being cross examined - Moreover, said documents are not..........
Civil Procedure Code, 1908, Order 18, Rule 2, 4, Evidence Act, 1872, Section 138 -- Cross examination of a witness when in progress then other witnesses who are proposed to be examined should not be present in Court - If they are present, they would naturally become alert and fill the lacunae, that may be left in the evidence of the person, who is already examined as a..........
Civil Procedure Code, 1908, Order 18, Rule 2, 4, Evidence Act, 1872, Section 138 -- A witness proposed to be examined present in Court when cross examination of other witness was in progress - Trial Court held that evidence of that witness cannot be recorded at all and that affidavit filed by him in lieu of chief-examination be eschewed from consideration - Trial Court has..........
Civil Procedure Code, 1908, Section 151 -- Cross suits - Evidence - Separately recorded - Adoption of cross examination in earlier suit - Permissibility of - Held, once the evidence has been recorded separately in two different suits, it is not open to allow petitioner to adopt the cross examination in the earlier suit especially taking in consideration the fact that DW1..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling of witness - Defendant in his written statement nowhere pleaded that his signatures had been taken on blank paper which later on converted into impugned agreement - Agreement purports to bear thumb impression and not signatures of defendant - PW2 in witness box stated about due execution of agreement by defendant -..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a party for further cross examination - Matrimonial dispute - Wife cross examined at length - Recall of wife for further cross examination to confront her with the video CD - CD was very much in existence when wife was cross examined at length - A witness cannot be re-summoned for further cross examination in order..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Summoning of a plaintiff's witness at the instance of defendant for cross examination who was not examined by plaintiff suspecting his bona fides but whose affidavit in lieu of examination in chief was filed - Where the name of an individual figures in the list of witnesses, the..........
Civil Procedure Code, 1908, Order 17, Rule 1(2), Evidence Act, 1872, Section 137 -- Witness present in Court has to be examined - Failure of concerned party to examine or to cross examine - Court can dispense with examination-in-chief or cross examination of the witness...........
