Search Results for "Order 18 Rule 17"

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Bombay High Court Dismisses Plaintiffs' Revision and Writ Petition in Property Dispute. Trial Court's Refusal to Allow Recall of Witness and Amendment of Plaint Upheld as No Jurisdictional Error or Material Irregularity Found.

The judgment arises from a property dispute between the Plaintiffs (Jitendra Velji Faria and another) and the Defendants, including the Municipal Corp...

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Bombay High Court Dismisses Petition Challenging Rejection of Application to Recall Witness and File Additional Documents in Eviction Suit. Order under Order 18 Rule 17 CPC is discretionary and cannot be used to fill gaps in evidence after closure of plaintiff's evidence.

The petitioner, Pandharinath L. Bhandari, filed a writ petition challenging the order dated 12 July 2018 passed by the Small Causes Court at Bandra, M...

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High Court of Karnataka Allows Reopening of Evidence in Partition Suit Subject to Costs and Conditions. The court set aside the trial court's rejection of applications for reopening and leading further evidence, directing expeditious disposal.

The case involves a partition suit filed in 2008 by the respondent/plaintiff against her siblings and other family members concerning properties left ...

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Bombay High Court Allows Petitioner's Application to Recall Witness in Specific Performance Suit — Trial Court's Dismissal of Recall Application Set Aside. Recall of PW-1 for Cross-Examination by Defendants 4 to 7 Permitted Under Order 18 Rule 17 CPC as No Prejudice Caused to Plaintiff.

The petitioner, M/s. Shewalkar Developers Ltd., was the original plaintiff in a suit for specific performance of contract filed before the learned Civ...

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Bombay High Court Dismisses Petitions Challenging Rejection of Application to Reopen Evidence in Civil Suit. Trial Court's Discretion Under Order 18 Rule 17 CPC Upheld as Defendants Had Sufficient Opportunity to Cross-Examine Witness.

The petitioners, who were the original defendants in Special Civil Suit No.74/2010 pending before the Second Joint Civil Judge, Satara, filed four wri...

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Bombay High Court Dismisses Civil Revision Application in Trust Property Dispute — Upholds Trial Court's Refusal to Reopen Evidence. Applicant failed to demonstrate sufficient cause for recall of witness under Order 18 Rule 17 CPC, as the application was filed after a long delay and lacked bona fides.

The case involves a civil revision application filed by Sau. Sumita Pradeepkumar Dixit (original defendant No. 4) against the Gangadhar Makharia Chari...