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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEET PUROHIT
Rajesh Kumar S/o Late Hiralal – Appellant
Versus
Anand Kumar S/o Late Shri Hiralalji – Respondent
Order :
SANJEET PUROHIT, J.
1. The present writ petition has been preferred challenging order dated 17.09.2025 passed by the learned Additional District Judge, Pali (“the learned Trial Court”) whereby application filed on behalf of the petitioner–plaintiff under Sections 138 and 145 of the Indian Evidence Act, 1872 (hereinafter referred to as “the Act”) was rejected. By the said application, the petitioner–plaintiff sought permission to confront the defendants’ witnesses with respect to the signatures affixed on a document while concealing the entire text of the document in question.
Petitioner has also challenged order dated 14.11.2025 passed by learned trial Court whereby application of similar nature filed by petitioner-plaintiff was rejected and his right to cross-examine the witnesses was closed.
2. Brief facts giving rise to present writ petition are that, the petitioner-plainitff filed a suit for declaration, partition and injunction against defendants in connection with property known as Marudhar Hotel, NH – 14, Pali-Sumerpur Road, Pali. It is averred in the plaint that plaintiff and defendant Nos.1 to 14 are successors of late Hiralal Ji and having share in the joint Hindu Und
The aim of every Court has to discover the truth. Section 311 of the Code is one of many such provisions of the Code which strengthen the arms of a Court in its effort to ferret out the truth by proc....
A person summoned to produce a document under Sec. 65-B of the Evidence Act does not become a witness and cannot be cross examined unless and until called as a witness.
The repeated failure to avail opportunities granted by the court to lead evidence can amount to an abuse of process of law and delay the final adjudication of a suit.
A party cannot introduce documents for cross-examination without prior pleading, and electronic evidence must meet admissibility criteria under Section 65B of the Evidence Act.
It is an archaic practice that during the evidence- collecting stage, whenever any objection is raised regarding admissibility of any material in evidence the court does not proceed further without p....
Breach of principles of natural justice and defiance of fundamental principles of judicial procedure falls within exceptions noticed by Supreme Court in the above decision, wherein availability of an....
Secondary evidence may be admitted during cross-examination without prior presentation of original documents; objection must be made at the time of marking.
The court has the discretion to grant permission for cross-examination, further examination, and leading defense evidence based on the circumstances of the case.
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