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HARSIMRAN SINGH SETHI
Mahendra Pal Jain – Appellant
Versus
Kusum Lata – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral) - The present petition has been filed challenging the order dated 22.07.2019 (Annexure P-8) by which, the evidence of the petitioner-plaintiff was closed after extending 44 opportunities. Learned counsel for the petitioner submits that though it is a matter of fact, which cannot be denied, that sufficient numbers of opportunities were granted to the petitioner-plaintiff to lead the evidence but keeping in view the facts and circumstances of the present case, one more opportunity may be granted so that the Hand-writing Expert, whose examination-in-chief had already been done, could be produced for the cross-examination as the testimony of the said witness is very material for the proper adjudication of the controversy raised in the suit hence, one opportunity be granted to recall the witness even if the same is to be granted by imposing costs.
2. Learned counsel for the respondent submits that even if the same is to be done by imposing cost. Learned counsel for the respondent submits that in the present case, 36 last opportunities have been extended to the petitioner-plaintiff to conclude the evidence and that too by imposing cost. He submits
Despite ample opportunities already granted, the court may allow one more opportunity to recall a witness for cross-examination, subject to the payment of costs to the opposing party.
The court ruled that procedural rules should facilitate justice, allowing further cross-examination of a witness to ensure fairness in the trial process.
The court emphasized the importance of judicial discretion and procedural law in achieving the ends of justice, highlighting that the closure of evidence should be a last resort and adequate opportun....
The court may grant an additional opportunity for evidence, subject to the payment of exemplary costs, in cases where the petitioner's conduct warrants such indulgence.
Recall of witness – Paramount requirement is just decision and for that purpose essentiality of a person to be recalled and re-examined has to be ascertained.
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