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PUSHPENDRA SINGH BHATI
Pramod Kumar – Appellant
Versus
Devendra Kumar Singh – Respondent
ORDER :
(Pushpendra Singh Bhati, J.)
This writ petition under Article 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:
II. Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.
III. Costs of the writ petition may kindly be awarded to the petitioner."
2. Brief facts of the case, as noticed by this Court are that the respondent-plaintiff preferred a civil suit for declaration and permanent injunction against the present petitioners, before the learned District Court, Hanumangarh; the written statement was filed by the defendants therein, and the issues were framed by the learned court below on 01.04.2017.
2.1 During pendency of the suit, the petitioners submitted an a
The trial court must afford due opportunities to the parties to contest the case and cannot adopt an extremely harsh and hyper-technical approach in rejecting applications for taking documents on rec....
The right to lead evidence is pivotal to a fair trial and partakes of the character of natural justice and fair play. The recall of a witness under Order XVIII Rule 17 should be for clarifying any do....
Conducting cross examination in a suit is a specialized job. It is only with experience that a counsel develops skills for cross examination. Different Advocates may conduct cross-examination in diff....
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....
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.
The court upheld the trial court's rejection of applications for document production and witness recall due to lack of demonstrated relevance and procedural compliance.
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