Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Sat Pal - Appellant
Versus
Rohtash & Ors. - Respondents
Civil Revision No. 7582 of 2018 (O&M)
Decided On : 13-01-2023
Additional Evidence - Civil Procedure - The court allowed the petitioner to lead additional evidence, setting aside the previous order, in the interest of justice and to determine the evidentiary value of the documents.
Fact of the Case:
The petitioner challenged the order dismissing his application for leading additional evidence.
Finding of the Court:
The court allowed the petitioner to lead additional evidence, granting one opportunity and ensuring the respondents have adequate opportunity to rebut the evidence.
Issues: Challenge to order dismissing application for additional evidence.
Ratio Decidendi: In the interest of justice, the court granted the petitioner one opportunity to lead additional evidence and allowed the trial court to determine the evidentiary value of the additional evidence.
Final Decision: The impugned order was set aside, and the petitioner was granted one opportunity to lead additional evidence, with the respondents also granted adequate opportunity to rebut the same.
JUDGMENT
Anupinder Singh Grewal, J. - The petitioner has challenged the order dated 08.10.2018 (Annexure P-11) passed by the Civil Judge (Junior Division), Kaithal, whereby his application for leading additional evidence has been dismissed.
2. Learned counsel for the petitioner submits that the petitioner had sought to exhibit plaint, written statement and the orders passed in a previous civil suit between the parties which would have a bearing on the adjudication of the dispute.
3. Learned counsel for respondents No. 5 to 10, 12 and 13 does not object to the leading of this evidence, but submits that the petitioner has been trying to delay the matter and the evidentiary value of these documents should be determined by the trial Court in accordance with law.
4. In view of the above position, it would be in the interest of justice if the petitioner is granted one opportunity to lead the additional evidence.
5. Consequently, the petitioner stands allowed. The impugned order dated 08.10.2018 (Annexure P-11) is set aside and the petitioner would be granted one opportunity to lead additional evidence. The respondents would also be granted adequate opportunity to rebut the same. The evidentiary value of the additional evidence being led by the petitioner would be determined by the trial Court in accordance with law.
Pending application(s), if any, shall also stand disposed of.
AI
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.
A court may permit additional evidence to ensure fair adjudication if it is relevant, even after evidence closure, stressing the necessity to examine evidence related to a Will in contested property ....
The court allowed a petition for additional evidence despite previous adjournments, citing the admissibility of the documents proposed.
Additional evidence at rebuttal must clarify issues, not cover previous omissions; courts must ensure applications are not used to delay proceedings.
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.
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
