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TUSHAR RAO GEDELA
Chameli Devi – Appellant
Versus
Lucky Choudhary – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
[The proceeding has been conducted through Hybrid mode]
1. By the present petition, petitioners challenge the order dated 05.03.2020, vide which the learned Trial Court had rejected the application under Order VIII Rule 1A(3) and order XVI r/w Section 151 of the CPC, 1908 whereby the petitioner sought to place on record the alleged title documents executed in favour of the predecessor in interest of the petitioner dated 16.08.1982 and also a birth certificate of Master Munesh Kumar S/o Chet Ram dated 31.07.2019.
2. The petitioners also challenge the order dated 21.09.2022 whereby the learned Trial Court had closed the right of the petitioner/ defendant to lead further evidence on the ground that several opportunities were granted, which were not availed of by the petitioner herein.
3. Ms. Gupta, learned counsel appearing for the petitioners draws attention of this Court to the application at page 25 of the paper book to submit that the petitioners had named one Mr. D.S. Dalal, notary public, who was stated to have attested the aforesaid alleged title documents, in their list of witnesses and these documents were only to be exhibited through the said witn
Lack of diligence and vigilance in producing crucial documents can lead to the rejection of an application to place them on record, and the absence of reference to such documents in the written state....
Procedural diligence in presenting evidence is critical; failure to timely submit essential documents warrants upholding the Trial Court’s decision to deny late evidence.
Production of documents – Deletion of Order XVIII Rule 17-A of CPC does not disentitle production of evidence at a later stage.
Counsel's concessions do not bind parties unless related to an issue of law; procedural adherence and timely actions are essential in litigation.
The court emphasized the importance of providing sufficient opportunity to the petitioner/defendant to defend themselves and held that the refusal to take the documents on record by the Trial Court c....
The main legal point established in the judgment is the court's authority to direct the recording of crucial evidence to assist in determining the genuineness of documents involved in a case.
Production of additional evidence at appellate stage is subject to fulfilment of certain conditions.
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