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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Rukiya Begam – Appellant
Versus
Gogi Ram – Respondent
| Table of Content |
|---|
| 1. urgency due to additional evidence in a sale dispute. (Para 1 , 2 , 3) |
| 2. procedural history on evidence gathering. (Para 4 , 5) |
| 3. arguments concerning the validity of the additional evidence request. (Para 6 , 7 , 8) |
| 4. court's perspective on the importance of the rebuttal evidence. (Para 9 , 10) |
| 5. ruling emphasizing the necessity of balancing equities. (Para 11 , 12) |
| 6. conclusion of petition dismissal based on overall merit. (Para 13) |
JUDGMENT :
VIKRAM AGGARWAL , J.
The instant revision petition, preferred under Article 227 of the Constitution of India , assails the order dated 15.01.2025 (Annexure P-9) passed by the court of Civil Judge (Junior Division), Indri (District Karnal) vide which the application dated 20.12.2024 (Annexure P-7) filed by the respondent/plaintiff (Gogi Ram) for additional evidence was allowed.
2. The facts, as emanating from the present revision petition, are that the respondent-plaintiff instituted a suit (Annexure P-1) for declaration that the sale deed dated 03.04.2017 stated to have been executed by the respondent/plaintiff in favour of the petitioners/defendants was illegal, null and void and was not binding upon the respondent-plaintif
Parties are entitled to present evidence in rebuttal, especially when prior claims by opposing parties shift the burden of proof, emphasizing that cases should be concluded on substantive merits rath....
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 court ruled that a trial court must provide an opportunity for additional evidence when procedural errors deny a plaintiff a fair hearing, emphasizing the case's prolonged duration warrants exped....
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....
The purpose of the court is to do complete justice between the parties and mere technicalities should not be a stumbling block in the cause of justice.
The allowance of pre-trial applications to send disputed documents for Expert opinion is improper and constitutes a material irregularity.
The court established that the right to present expert evidence must be exercised in a timely manner, and failure to do so can result in the dismissal of such applications, especially when sufficient....
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