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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Sujoy Paul, K.Sarath
Sardar Vallabhhbai Patel National Police Academy – Appellant
Versus
Kaling Corp. rep. by Mr.Jai Kumar – Respondent
| Table of Content |
|---|
| 1. overview of the legal context and parties involved. (Para 1 , 3 , 4) |
| 2. petitioners' arguments for reopening evidence. (Para 5 , 6) |
| 3. trial court's observations on evidence handling. (Para 7 , 8) |
| 4. supreme court precedent relevant to reopening evidence. (Para 9 , 10 , 11) |
| 5. final dismissal of the petitions by the court. (Para 12 , 13 , 14) |
ORDER :
K.Sarath, J.
1. Both the Civil Revision Petitions, under Article 227 of the Constitution of India, are preferred against the Common Order dated 18.10.2024 in I.A.No.304 and 305 of 2024 in COS No.15 of 2019 on the file of Special Judge for trial and disposal of Commercial Disputes, Ranga Reddy at L.B.Nagar, whereby the petitions filed by the petitioners herein under Section 151 of Code of Civil Procedure and under Order XVIII, Rule-17 read with Section 151 of Code of Civil Procedure (for short ‘CPC’) respectively, to reopen the evidence and recall of the PW-1 for further cross-examination, were dismissed.
2. Heard Sri V.T.Kalyan, learned Counsel, representing Sri Gadi Praveen Kumar, Deputy Solicitor General of India, learned Counsel for the petitioners.
3. The petitioners herein are defendants and the respondent herein is the
Reopening evidence or recalling witnesses post-trial requires compelling justification; mere intent to fill evidential gaps is insufficient.
The Court ruled that reopening witness evidence for cross-examination under CPC Order XVIII Rule 17 is permissible only to clarify ambiguities, not to fill evidence gaps after closure, and subsequent....
The denial of cross-examination constitutes serious procedural injustice, necessitating exercise of inherent powers for fairness and justice.
The inherent power of the court under Section 151 of CPC can be invoked to reopen evidence for the ends of justice, and the provisions of Order 18 Rule 17 CPC should be used to clarify ambiguities in....
The reopening of evidence and recalling of witnesses must not be used to fill gaps in previously recorded testimony, and parties cannot introduce evidence that contradicts their earlier admissions.
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