Back
N. V. ANJARIA, DEVAN M. DESAI
Dhaval Enterprise – Appellant
Versus
Gopal Industries – Respondent
| Table of Content |
|---|
| 1. petitioner's prayer for relief (Para 1 , 2) |
| 2. petition filed under article 227 for witness summons. (Para 3) |
| 3. background and plaintiff's claims (Para 4) |
| 4. documentary evidence needed for the petitioner (Para 5 , 6) |
| 5. respondent's objections to evidence request (Para 7) |
| 6. burden of proof principles explained (Para 8 , 9 , 10 , 11) |
| 7. mandatory nature of witness list submission (Para 12 , 13) |
| 8. impossibility of relying on defendant’s documents (Para 14 , 15) |
| 9. court's decision on evidence and procedure (Para 16) |
| 10. conclusion and dismissal of the petition (Para 17 , 18) |
JUDGMENT :
(Devan M. Desai, J.)
By invoking Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs:-
(b) Pending the hearing and disposal of the petition, the Hon’ble Court be please to stay further proceedings of Commercial Suit No.264 of 2022 pending before 6th Additional Senior Civil Judge, Surat;
(c) Any ot
The burden of proof lies on the party asserting facts, and it cannot rely on the documents of the opposing party to fill gaps in its case.
The court emphasized the necessity for relevance in summoning witnesses and documents in civil proceedings, allowing only pertinent evidence for adjudication.
Summoning Income Tax witness under Order 16 Rule 7(A)(1) CPC necessary to prove source of income.
Procedural rules serve to advance justice, and denial of evidence crucial for adjudication violates the fair opportunity afforded to parties in a civil suit.
The court established that timely disclosure of documents is crucial in commercial suits, with allowances for later disclosure contingent on reasonable cause.
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
