Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Vijay Kumar Garg – Appellant
Versus
Naveen Garg – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 23.01.2025 (Annexure P-12) passed by the Civil Judge (Jr.Div.), Faridabad, vide which the application filed by the respondent no.1-plaintiff no.1 under Section 151 CPC seeking permission to file additional affidavit in evidence of PW-1-respondent no.1-plaintiff no.1 has been allowed.
2. Learned counsel for the petitioner has submitted that the respondents no.1 to 4 had filed a suit for possession by way of partition with consequential relief of permanent injunction and the petitioner-defendant no.1 had filed a written statement and also a counter claim. It is submitted that the respondent no.1-Naveen Garg had given his affidavit in support of the suit and and the petitioner had carried out cross-examination of the said witness. It is further submitted that after the said cross-examination had been carried out, the respondent no.1-plaintiff no.1 had filed an application dated 04.12.2024 seeking permission to file additional affidavit, which application had been allowed by the trial Court illegally. It is submitted that the
The main legal point established is that the procedural rules governing witness examination, specifically Order XVIII Rule 4 C.P.C. and Sections 137 and 138 of the Indian Evidence Act, 1872, do not p....
While Order XIX Rule 3 of the CPC does set out the contents of affidavits to be filed in civil proceedings, it does not permit striking off an affidavit from the record merely because it is not in te....
Engaging a new counsel cannot be a ground for reopening evidence and filling up lacunae in the case.
The recall of a witness under Order XVIII Rule 17 should be for clarifying doubts and not to fill up any lacuna or omission in the evidence already recorded.
The court's discretionary power to recall witnesses under Section 151 of CPC must be exercised judiciously to ensure justice is served, particularly when new evidence is presented.
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
