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NIKHIL S. KARIEL
Lakshmiben Purshottambhai Amin D/O Mangalbhai Desaibhai Patel – Appellant
Versus
Govindbhai Jivabhai Patel – Respondent
ORDER :
1. Heard learned Advocate Mr. Kshitij P. Vakil on behalf of the petitioners and learned Advocate Mr. Parthiv B. Shah on behalf of the respondents no. 3 and 4. Though served the other respondents have chosen not to appear.
2. By way of this petition, the petitioners-original plaintiffs have challenged an order dated 12.10.2021 passed below Exh. 109, Exh. 110 and Exh. 112 in Regular Civil Suit No. 3527 of 2015 by the learned 27th Additional Senior Civil Judge, Vadodara.
3. Learned Advocate Mr. Vakil on behalf of the petitioners would submit that three different applications had been preferred by the original plaintiffs namely Exh. 109 praying for production of documents more particularly for the purpose of cross-examining defendant no.3, Exh. 110 for the purpose of joining the third party as defendant in the suit property and Exh. 112 for appointment of a Court Commissioner for drawing panchnama of the suit property. Learned Advocate would submit that the learned Civil Court without appreciating the contentions of the petitioners-original plaintiffs had rejected the said applications, which were necessary for the purpose of arriving at a just conclusion by the learned Civil Cour
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The court established that additional evidence cannot be admitted in appellate proceedings if the party had prior opportunities to present it, and that the appointment of a commissioner should not be....
The court emphasized that the lower court's order for document production must not be a dilatory tactic and should adhere to legal principles governing such applications.
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....
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