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AJAY MOHAN GOEL
Bhagi Ram – Appellant
Versus
Lekh Ram – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
CMP No.4462 of 2024
In view of the averments made in the application, seeking early hearing of the petition, the same is allowed and disposed of.
CMPMO No.336 of 2019
2. By way of this petition, the petitioner has challenged order dated 26.06.2019, in terms whereof, an application filed by the petitioner seeking liberty of the Court to lead evidence by examining himself as a witness stands dismissed.
3. Brief facts necessary for the adjudication of the present petition that the respondents herein have preferred a suit against the petitioner who is a defendant therein. The evidence of the parties was over. The matter was being listed for the purpose of final hearing when an application stood filed under Order XVIII, Rule 17 of the Civil Procedure Code on behalf of the present petitioner in which it was averred that due to inadvertence the examination-in-chief of the applicant/defendant was misplaced during the course of evidence and could not be traced either in the Court file or in the file of the counsel of the applicant and therefore, as the statement of the applicant was essential, the application be allowed and permission be granted to record his statem
Before leading additional evidence, the party must satisfy the court that the proposed evidence was not within its knowledge or could not have been led earlier despite due diligence.
Examination-in-chief cannot be considered as evidence without full cross-examination, underscoring the necessity of procedural fairness in court proceedings.
Order XVIII Rule 3A CPC mandates initial party testimony but permits later examination for recorded reasons even if sought subsequently, exercised judicially in peculiar facts to balance justice and ....
In the interest of justice, the court may grant the petitioner an opportunity to lead additional evidence, and the trial court will determine the evidentiary value of the additional evidence.
Civil courts have the inherent authority to permit the introduction of additional evidence at any stage of the proceedings if a party demonstrates that such evidence could not be produced earlier des....
The main legal point established is that the court has the discretion to set aside an order closing the right to lead evidence and grant further opportunity, considering the circumstances and subject....
Litigants should not be penalized for their counsel's lapses, and courts must prioritize justice and merit in adjudicating cases.
The central legal point established in the judgment is the importance of granting reasonable opportunities to the defendant to lead evidence and the need for judicial orders to fix actual dates for r....
The court emphasized the need to give the defendant an opportunity to lead evidence despite her absence on one occasion and held that eschewing the evidence already concluded while allowing further e....
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