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VIKAS BAHL
Inder Pal – Appellant
Versus
Sat Pal (Now Deceased) through his LRs. – Respondent
JUDGMENT :
Vikas Bahl, J.
1. This is a Civil Revision Petition under Article 227 of the Constitution of India for setting aside orders dated 15.05.2023 (Annexure P-6) and dated 19.05.2023 (Annexure P-8) passed in Civil Suit No. 4705 of 2017 instituted on 05.01.2018 titled as Satpal vs. Inderpal and others.
2. Learned counsel for the petitioners has submitted that in the present case, respondents no. 1 and 2 had filed a civil suit in which the petitioners were defendants. It is submitted that the petitioners were relying on a Will executed by their mother and the attesting witness Gulshan Kumar as well as deed writer Gopal Bhushan Sharma were necessary witnesses for proving the said Will. It is further submitted that in the present case, the suit was instituted on 05.01.2018 and the issues were framed on 28.03.2018 and the evidence of the plaintiff was closed on 18.10.2022 and the first date for the evidence of the defendants was fixed as 03.11.2022. It is submitted that on 03.11.2022, the case was adjourned to 17.11.2022 and prior to 17.11.2022, on 16.11.2022, an application was filed by the petitioner for summoning the witnesses including the above said two witnesses and the diet mon
The court established that the trial court must take coercive steps to secure witness attendance when a party has fulfilled procedural obligations under Order 16 Rule 10 CPC.
The trial Court must enforce attendance of witnesses and cannot close evidence without taking necessary coercive measures, ensuring fair opportunity for parties to present their case.
The trial court erred in closing the evidence of DW 10 without first determining whether his presence was necessary and without issuing a formal summons under Rule 5 of Order XVI of the CPC.
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 central legal point established in the judgment is the Trial Court's obligation to issue warrants/coercive process for witness appearance and the oversight of provisions under Section 311 Cr.PC.
Point of law: In any case, it is settled legal position that no litigant can be denied the opportunity to prove his case, unless it is clear that presence of such witnesses is not necessary at all. T....
The main legal point established in the judgment is the limitation on the power of the Family Court to issue witness warrant and the emphasis on following the prescribed procedures under the Civil Pr....
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