SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1976 Supreme(Del) 28

V.D.MISRA
KRISHAN LAL GUPTA – Appellant
Versus
DUJODWALA INDUSTRIES – Respondent


Advocates Appeared:
B.R.SABHARWAL, JANENDRA LAL, M.L.RAVAL, S.C.Malik Sayeed Uddin, S.L.Bhatia

V. D. MISRA

( 1 ) ISSUING commissions for recording the statements of witnesses is not unusual in civil eases. It is being dune ever since the Code of Civil Procedure was enforced more than a hundred years ago. Whenever a case fur such examination is made out, parties arc allowed to examine their witnesses on commission. In the case before us the defendant asked for permission to examine his witnesses on commission. The permission was given. Now he refuses to examine them and contends that he will examine them on commission only after the plaintiff has examined his witnesses and closed his case. He claims it as his right. He declines to examine them before the case is set down for hearing. If he is right then there is an end of the conception of a continuous trial. Let us, therefore, examine the Code of Civil Procedure and find out its intention.

( 2 ) THE rules of pleading and other ancillary rules contained in the Code of Civil Procedure have one main object in view. It is to Iind out and narrow down the controversy between the parties. Co achieve it various provisions have been made in the Code. Each party is required to place all the material facts before the Court. Gone are the
















































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top