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2015 Supreme(SC) 1247
SUPREME COURT OF INDIA
ANIL R. DAVE, ADARSH KUMAR GOEL, JJ.
Ahaboosa Begum & Ors. – Appellants
Vs.
Tamil Nadu Wakf Board & Anr. – Respondents
Civil Appeal No. 8298 of 2015 (Arising out of SLP(C)No. 21306 of 2014)
Decided on : 06-10-2015
Parties should be allowed to raise all contentions and produce documents as per the law, objections at a later stage should not hinder the trial process.
Headnote:
Objection - Examination of Witnesses and Production of Documents - The court set aside the sale due to objections raised during the examination of witnesses and production of documents. The Supreme Court held that objections at this stage should not have been raised, and parties should be allowed to raise all contentions and produce documents as per the law.
Fact of the Case:
The examination of witnesses and production of documents was objected to, leading to the setting aside of the sale by the High Court.
Finding of the Court:
The Supreme Court found that objections to the examination of witnesses and production of documents at that stage were unwarranted. The interim relief granted by the Court was vacated, and the trial court was directed to conclude the trial at an early date.
Issues: Objections to examination of witnesses and production of documents, setting aside of the sale, cooperation of parties before the trial court.
Ratio Decidendi: Parties should be allowed to raise all contentions and produce documents as per the law, objections at a later stage should not hinder the trial process.
Final Decision: The impugned order was set aside, the interim relief granted by the Court was vacated, and the appeal was disposed of as allowed with no order as to costs.
JUDGMENT :
Anil R. Dave, J.
1. Leave granted.
2. Upon perusal of the impugned judgment, we find that the examination of the witnesses was objected. Ultimately the production of the documents was also objected and the High Court set aside the sale.
3. In our opinion, at this juncture, the High Court should not have objected to the examination of witnesses and production of documents.
4. Needless to say that it would be open to the parties to raise all contentions available to them at law and produce documents, which should have been produced before the trial court.
5. In the circumstances we set aside the impugned order and the interim relief granted by this Court is vacated.
6. The learned counsel appearing for the parties desire that the trial court be requested to conclude the trial at an early date.
7. We are sure that the learned counsel appearing for the parties before the trial court shall extend their cooperation to the trial court. The trial court shall proceed with the trial and conclude it as soon as possible.
8. The parties are directed to appear before the trial court on 2nd November, 2015. Intimation of this order be forwarded to the trial court forthwith.
9. The appeal is disposed of as allowed with no order as to costs.
