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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEET PUROHIT
Rajesh Kumar S/o Late Hiralal – Appellant
Versus
Anand Kumar S/o Late Shri Hiralalji – Respondent
| Table of Content |
|---|
| 1. challenge to prior court orders (Para 1 , 2) |
| 2. arguments regarding cross-examination rights (Para 3 , 4) |
| 3. court's assessment of cross-examination methods (Para 5 , 6) |
| 4. application of res judicata in ongoing proceedings (Para 7) |
| 5. principles governing judicial interference in trial courts (Para 8 , 9 , 10) |
| 6. final dismissal of writ petition (Para 11 , 12) |
Order :
SANJEET PUROHIT, J.
1. The present writ petition has been preferred challenging order dated 17.09.2025 passed by the learned Additional District Judge, Pali (“the learned Trial Court”) whereby application filed on behalf of the petitioner–plaintiff under Sections 138 and 145 of the Indian Evidence Act, 1872 (hereinafter referred to as “the Act”) was rejected. By the said application, the petitioner–plaintiff sought permission to confront the defendants’ witnesses with respect to the signatures affixed on a document while concealing the entire text of the document in question.
Petitioner has also challenged order dated 14.11.2025 passed by learned trial Court whereby application of similar nature filed by petitioner-plaintiff was rejected and his right to cross-examine the witnesses was closed.
2. Brief facts
The aim of every Court has to discover the truth. Section 311 of the Code is one of many such provisions of the Code which strengthen the arms of a Court in its effort to ferret out the truth by proc....
A person summoned to produce a document under Sec. 65-B of the Evidence Act does not become a witness and cannot be cross examined unless and until called as a witness.
Documents pleaded but not produced with written statement can be introduced during cross-examination of plaintiff's witness without leave if relevant for contradiction and not foreign to pleadings, 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.
A party cannot introduce documents for cross-examination without prior pleading, and electronic evidence must meet admissibility criteria under Section 65B of the Evidence Act.
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....
Breach of principles of natural justice and defiance of fundamental principles of judicial procedure falls within exceptions noticed by Supreme Court in the above decision, wherein availability of an....
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