1986 Supreme(MP) 644

IN THE HIGH COURT OF MADHYA PRADESH
T.N. Singh, J.
Mehmood Ahmad – Applicant
Versus
Babulal Gupta - Non-applicant
C. R. No. 468 of 1981 (G)
Decided On : 12-02-1986

Headnote:(1) Natural Justice – receiving of additional evidence – it should be an 'open house’ matter – opportunity should not be closed to one side.

       (2) Civil Procedure Code, 1908 – O. 41, R. 27 – production of additional evidence both parties should be given equal opportunity to ensure fair trial.

        Short Note

       1. The question of burden becomes immediately when parties are in issue and evidence is directed to be recorded. The Only question is whether for the ends of justice to ensure fair trial, there should be right given equally to both sides to adduce evidence.

       Held: The counsel for applicant has unfortunately opposed a very reasonable prayer, made by Shri Afsar, counsel appearing for the petitioner.

       2. The submission of the counsel for opposite party is that he would have no objection to the impugned order being sustained if it is modified only to the extent that when additional evidence is received, it should be an 'open house' matter. The opportunity should not be closed one, closed to one side. I am moved by this very wholesome submission, which can have no answer at all.

       3. Accordingly, while sustaining the impugned order, I direct that both sides shall be given opportunity to adduce evidence to prove their respective cases or contentions. Revision disposed of.