Supreme Court · 2004 INSC 402 · Decided 26 July 2004
Jeet Mohinder Singh v. Harminder Singh and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 402 · [2004] SUPP. 3 S.C.R. 137
- Case number
- CIVIL APPEAL No. 4437/2004
- Decided
- 26 July 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Code of Civil Procedure, I 908: Order XVIII, Rule I 7-Application to recall a witness styled as under Order XVI, Rule 3-Maintainability of-Held, though nomenclature of an C application is not material, and the substance is to be seen, yet duty is cast on parties to properly frame applications to file a fresh application in terms of Order XVIII, Rule I 7-Practice and Procedure. D In an election petition, an application was filed under Order XVI, Rule 3 of the Code of Civil Procedure, 1908 with a prayer to recall a particular witness for the purpose of confronting him with a judgment
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