Courts should not dismiss applications for evidence solely on the grounds of belatedness, especially when it affects the merits of the case.

JUDGMENT

Petitioner is the plaintiff in O.S.No.288/2016 on the file of Munsiff Magistrate Court, Pattambi. The petitioner challenges Ext.P5 order in this petition.

2. As per Ext.P5, the trial court dismissed Ext.P4 application filed by the petitioner for examining two witnesses, the Branch Manager and Manager of the petitioner company.

3. Heard the learned counsel appearing for the petitioner.

4. As per the impugned order, the trial court observed that the petitioner could have filed the application earlier, but they waited till the cross- examination of the defendants and submitted the application at a belated stage.

5. On considering the grounds raised in the petition as well as the reasons stated in the impugned order, I am of the view that the petitioner is to be permitted to examine those two witnesses to prove the plaint claim. The delay in filing the application, in the circumstances of the present case, ought not have been the sole ground for dismissing the application.

Thus, the impugned order is liable to be set aside.

In the result, the Original Petition is disposed of by allowing Ext.P4. The trial court is directed to dispose of the suit at the earliest, after affording an opportunity to both sides to adduce further evidence, if they are advised so.