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DWARKA DHISH BANSAL
Sai Pooja Education Societythrough Its Secretary Ashish Saraph – Appellant
Versus
Pooja Yadav – Respondent
ORDER
1. Heard on admission.
2. This Misc. Petition has been filed challenging the order dated 13.06.2022 (Annexure P-3) passed by Ilnd District Judge, Jabalpur whereby right of plaintiffs to file affidavits of other witnesses was closed for want of filing of all the affidavits under Order 18 Rule 4 CPC on the same and one date i.e. 13.06.2022.
3. Learned counsel for the petitioners submits that there is no provision in the CPC, specially under Order 18 Rule 4 CPC, which makes mandatory for filing affidavits of all the witnesses on one date. He submits that because crossexamination of the plaintiff-Ritu Yadav was not started by the defendant No.1 and even the learned court did not fix the case for cross-examination of the said witness, the plaintiffs submitted affidavit of other witness on the next date i.e. 20.06.2022, but the same was refused in the light of the order dated 13.06.2022 and by this order first time listed the case for cross-examination of the plaintiff-Ritu Yadav. Learned counsel for the petitioners submits that Order 18 Rule 4 CPC does not provide that affidavits of all the witnesses should be filed on one and same date.
4. The contention of learned counsel for the pe
The disputes between the parties should be disposed of on merits rather than on petty technical issues.
The court emphasized that the closure of evidence should not be unduly harsh, especially when the delay was not intentional.
The right to lead evidence is pivotal to a fair trial and partakes of the character of natural justice and fair play. The recall of a witness under Order XVIII Rule 17 should be for clarifying any do....
A party must demonstrate diligence in presenting evidence, but courts may grant additional opportunities to file evidence in the interest of justice, subject to conditions such as the payment of cost....
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