Civil Procedure Code, 1908—Order 18, Rule 17—Recall and examination of witness—Power to recall any witness under Order 18, Rule 17 CPC can be exercised by Court either on its own motion or on an application filed by any of parties to suit—Such power is to be invoked not to fill up lacunae in evidence of the witness which has already been recorded but to clear any ambiguity that may have arisen during course of his examination—If evidence on re-examination of a witness has a bearing on ultimate decision of suit, it is always within discretion of Trial Court to permit recall of such a witness for re-examination-in-chief with permission to defendants to cross-examine witness thereafter. Error! No text of specified style in document. vs. Error! No text of specified style in document.
COURT FEES-The plaintiff had sued for a twofold declaration: (i) that the property described in the plaint was a waqf, and (ii) that certain alienations thereof by the mutwali and his brother were null and void and were ineffectual against the waqf property. It was held that the second part of the declaration was tantamount to the setting aside or cancellation of the alienations and therefore the relief claimed could not be treated as a purely declaratory one and inasmuch as it could not be said to follow directly from the declaration sought for in the first part of the relief, the relief claimed in the case could be treated as a declaration with a “consequential relief.
Smt. Shrisht Dhawan Vs M/s. Shaw Brothers-Fraud and collusion vitiate even the most solemn proceedings in any civilised system of jurisprudence. It is a concept descriptive of human conduct. Michael Levi likens […]
Man Kaur (dead) by LRS. Vs Hartar Singh Sangha-Order III, Rules 1 and 2 CPC, empowers the holder of power of attorney to “act” on behalf of the principal. In our view the […]
Mange Ram Vs Brij Mohan and others[03-08-1983]-Whether a witness can be produced without being summoned through the Court and without his name being mentioned in the list of witnesses in Civil Suit? […]
What will happen if a party to a suit does not stand on witness box and states his case on Affidavit ?
Civil Procedure Code, 1908—Order 16, Rule 1-A—Witness—Production of—Witness properly examined—His testimony cannot be rejected on ground his name did not appear in list of witnesses and produced as witness without being summoned by court.
Vidyabai & Ors. Versus Padmalatha & Anr.-However, proviso appended to Order VI, Rule 17 of the Code restricts the power of the court. It puts an embargo on exercise of its jurisdiction. The court’s jurisdiction, in a case of this nature is limited. Thus, unless the jurisdictional fact, as envisaged therein, is found to be existing, the court will have no jurisdiction at all to allow the amendment of the plaint.
If a plaint is returned under O7-R10 & 10A of CPC, for presinting before a proper court, whether the suit shall proceed de novo or will it continue from the stage at returning of the plaint?
If a plaint is returned under Order VII Rule 10 and 10A of the Code of Civil Procedure 1908, for presentation in the court in which it should have been instituted, whether […]
Section 96 and 100 of the Code of Civil Procedure provide for preferring an appeal from any original decree or from decree in appeal respectively. The aforesaid provisions do not enumerate the categories of persons who can file an appeal. However, it is a settled legal proposition that a stranger cannot be permitted to file an appeal in any proceedings unless he satisfies the Court that he falls with the category of aggrieved persons.
Whether the nominee specified in the National Savings Certificate, on the death of its holder, becomes entitled to the sum due under the certificate to the exclusion of all other persons?, or whether the amount of the certificate can be retained by him for the benefit of the legal heirs of the deceased?
Civil Procedure Code, 1908—Section 2(2)—Decree—Nullity—Decree obtained by fraud—Duty of litigant to come to the Court with true case and to prove it with true evidence—Withholding of vital documents in order to gain advantage over the other parties—The decree obtained by fraud is a nullity.