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2022 Supreme(Raj) 812

VIJAY BISHNOI
Baheti Education Trust, Through Its President Shri Shyam Baheti S/o Shri Bhawar Lal Ji Baheti – Appellant
Versus
Nemaram S/o Shri Narayan Ram – Respondent


Judgement Key Points

Based on the provided legal document, the main legal point established in the judgment is the application of the principle of res judicata in the context of allowing rebuttal evidence and the relevance of documents previously allowed by the Court (!) . The Court emphasized that once it has held certain documents to be relevant and permitted their production in rebuttal, the respondents are barred from objecting to their admission on procedural grounds, as such objections would be barred by res judicata (!) (!) .

Furthermore, the Court clarified that the order allowing the petitioner to lead rebuttal evidence and summoning relevant documents from the Income Tax Department is final and has attained finality, reinforcing the principle that prior court orders in the same proceedings are binding (!) . The judgment also underscores that technical objections should not be used to defeat the substantive pursuit of justice, and if the documents are deemed relevant, the trial court should allow their production, possibly as additional evidence, to ensure a fair trial (!) .

In summary, the judgment establishes that prior relevant orders and decisions regarding the admissibility and relevance of evidence must be respected and that procedural technicalities should not prevent the presentation of evidence that is pertinent and previously authorized by the Court (!) (!) .


JUDGMENT :

1. This writ petition is filed by the petitioner-plaintiff seeking following reliefs:

    “It is, therefore, most humbly and respectfully prayed that this Hon’ble Court may kindly be pleased to allow this writ petition and by a suitable writ, order or direction may kindly be issued to the effect that:

a) The rebuttal evidence (Annexure-7) filed by the petitioner may kindly be marked as exhibits and the documents placed therewith be allowed to be admitted in evidence in part D.

b) The order impugned dated 19.9.2022 (Annexure-10) allowing the application filed by the defendant No.2 under Order 18 Rule 3 may kindly be quashed and set aside.

c) That in the alternate and without prejudice to the aforesaid, the Ld. Trial Court be directed to recall the witness of the petitioner so that relevant evidence may be led.

d) Any other writ, order or direction which this Hon’ble Court deems fit in the facts and circumstances of the present case may kindly be passed in favour of the petitioners.

e) Cost of the writ petition may kindly be awarded in favour of the petitioner.

2. Brief facts of the case are that the petitioner-plaintiff filed a suit for declaration and permanent injunction before th

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