Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Rajender – Appellant
Versus
Kamlesh – Respondent
JUDGMENT :
HARKESH MANUJA, J.
1. By way of present revision petition, challenge has been laid to the order dated 16.11.2023 (Annexure P-1) passed by the learned Addl. Civil Judge (Sr. Divn.), Gohana, Sonipat, whereby an application for leading additional evidence preferred at the instance of the respondent/plaintiff at the rebuttal stage was allowed.
2. Briefly stating, based on an agreement to sell dated 10.12.2013, the respondent-plaintiff filed a suit for specific performance against the petitioners- defendants. The suit was filed on 02.01.2016, whereas the written statement was filed on 11.05.2016. Thereafter an amended plaint was filed on 15.07.2017 followed by the filing of amended written statement. Originally the issues were framed on 05.08.2016 and the evidence of respondent/plaintiff later came to be concluded on 02.12.2022.
3. Thereafter the evidence of the petitioners/defendants was closed on 03.05.2023 and the matter was posted for rebuttal and arguments. In the meanwhile, on 13.10.2023, an application was filed on behalf of the respondent/plaintiff seeking permission to lead additional evidence to the following effect:-
“1. That the above said matter is pending before thi
Court ruled that additional evidence should not be permitted at rebuttal if it is merely an effort to fill gaps in prior evidence without demonstrated diligence.
Additional evidence at rebuttal must clarify issues, not cover previous omissions; courts must ensure applications are not used to delay proceedings.
The court emphasizes that additional evidence can only be admitted if justified; belated applications to cover previous omissions are generally not permitted unless no objection is raised regarding a....
The plaintiff must be granted an opportunity to lead additional evidence to rebut a new defense of signature denial raised by the defendant during cross-examination.
A plaintiff cannot lead evidence in rebuttal as a matter of right on an issue the onus of which is on a defendant, and must reserve the right to do so when his evidence is closed.
The right to lead evidence in rebuttal is limited by the onus of proof on the party seeking to lead such evidence, and the provisions of the Civil Procedure Code must be followed as they are, regardl....
Additional evidence must be evaluated during the final appeal hearing, not before, ensuring judicial rigor in respecting procedural rules.
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
