Back
MANMEET PRITAM SINGH ARORA
Desh Deepak Sharma – Appellant
Versus
Harsh Khosla (Since Deceased Through Lrs) – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral) - The CM(M) No. 233/2022 filed under Article 227 of Constitution of India impugns the order dated 09.03.2022 passed by the ADJ-07, West District, Tis Hazari Courts, Delhi (`Trial Court') in Suit No. 10416/2016 (`the suit'), titled as `Harsh Khosla v. Desh Deepak Sharma', dismissing the application filed by the Petitioner under Section 151 of Code of Civil Procedure, 1908 (`CPC') (1st application) seeking permission to file fresh affidavit by way of evidence dated 03.03.2022 in place of earlier affidavit dated 30.01.2022 and to examine Sh. H.K. Tolani, Advocate, as a witness of defendant. The Trial Court further imposed costs of Rs.10,000/- on the Petitioner.
1.1. The Petitioner thereafter in CM(M) No. 319/2022 impugns the subsequent order dated 29.03.2022 passed by the Trial Court, dismissing the application filed by the Petitioner under Section 151 of (2nd application) seeking issuance of summons to official witnesses to prove certain documents.
2. The Petitioner is the defendant and the Respondent is the plaintiff in the civil suit. The said suit had been initially filed under Order XXXVII of CPC for recovery of Rs.40,82,100/- and inter
The main legal point established in the judgment is that evidence produced by the parties cannot be considered in the absence of pleading, and parties should not be permitted to travel beyond their p....
The repeated failure to avail opportunities granted by the court to lead evidence can amount to an abuse of process of law and delay the final adjudication of a suit.
The admissibility of additional documents and the allowance of such documents in civil suits and criminal proceedings.
The court's exercise of supervisory jurisdiction under Article 227 of the Constitution of India and the finding that the existence and relevance of the invoices were not in dispute, and the defendant....
The Court's decision emphasized that the documents sought to be placed on record were already referred to in the plaint, and the defendants had sufficient opportunity to deal with them, justifying th....
Inherent powers under Section 151 CPC may be invoked to admit additional evidence in interlocutory proceedings if the evidence is relevant to the controversy, assists in the ends of justice, and does....
While exercising jurisdiction under Article 227 of the Constitution of India, the Court is not sitting as an appellate court over the orders passed by the subordinate courts.
Defendants' failure to show due diligence and timely filing of documents justifies dismissal of their applications under the Code of Civil Procedure and no grounds were shown for High Court intervent....
It is an archaic practice that during the evidence- collecting stage, whenever any objection is raised regarding admissibility of any material in evidence the court does not proceed further without p....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
