AI Overview...
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Interlocutory Application after Evidence Commenced - An interlocutory application can be filed even after the commencement of evidence, but its admissibility and purpose depend on the context and stage of proceedings. Courts have entertained such applications for purposes like recalling evidence, amending pleadings, or marking documents, provided they do not cause undue delay or prejudice Bathini Gangaram Goud, S/o B. Chinnaiah VS Md. Taher, S/o Late Md. Anwar - Telangana, PALAKKAD DECORATIVE PAINTING CONTRACTORS ASSOCIATION vs HARIDASAN - Kerala, A. S. A. Musafar Gani VS Sree Prasanna Vinayagar Temple Trust rep by its Managing Hereditary Trustee - Madras.
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Purpose and Limitations - Applications filed to introduce documents after evidence has started often face scrutiny regarding their relevance and timing. For example, applications to mark receipts or produce documents after evidence has commenced have been dismissed if found to be belated or intended to delay proceedings M. Appusmay VS M. K. Sabhapathe - Madras.
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Amendments and Reopening Evidence - Courts have permitted amendments to pleadings or reopening of evidence post-evidence commencement if justified, such as correcting party names or clarifying pleadings, provided the reasons are adequate and do not prejudice the other party PALAKKAD DECORATIVE PAINTING CONTRACTORS ASSOCIATION vs HARIDASAN - Kerala, Nalli Venkata Chandra Mohana Rao, S/o. Sanyasi Naidu VS Vaddi Venkata Ramana, S/o Ramachandra Rao - Andhra Pradesh.
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Specific Cases and Court Rulings - The admissibility of unregistered documents or evidence after evidence has begun depends on the circumstances; courts have allowed such evidence if it is relevant and admissible under law, even if filed later Amarji S/o Nagaji Anjana VS Joravarsingh Gabbaji - Madhya Pradesh.
Analysis and Conclusion:
Yes, an interlocutory application can be filed after evidence has commenced, but its acceptance hinges on the purpose of the application, the stage of proceedings, and whether it causes prejudice or delays. Courts generally allow such applications if they are justified, relevant, and filed in good faith, though they are often scrutinized to prevent abuse of process.
Search Results for "Can Interlocutory Application be Filed after Evidence has Commenced"
2021 0 Supreme(Telangana) 165 • India - Telangana
CHILLAKUR SUMALATHA
application vide seeking Court to eschew the evidence revision petitioner - Whether the presence of a party to the suit during course ... issues commenced trial - Defendant No.2 got examined himself as D.W-1 and defendant No.9 i.e., the revision petitioner filed his ... lieu of his chief-examination as D.W-2 and when matter was posted for his cross-examination - Respondent No.1/plaintiff moved an interlocutory ... Defendant No.2 got examined himself as D.W-1 and defendant No.9 i.e., the revision petitio....
2017 0 Supreme(Mad) 4052 • India - Madras
V.M.VELUMANI
At that time, the petitioner filed I.A.No for a direction to decide CTOP.No. - Said interlocutory application was dismissed - Against ... to cross examine the witness of respondent/plaintiff as well as letting in his evidence to substantiate his claim - Present Interlocutory ... Application is filed only to drag on proceedings - Respondent filed document in the suit in O.S.No. and they were marked as Exs.A1 ... At that time, the petitioner ....
2024 Supreme(Online)(MAD) 21144 • India - High Court of Madras
Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
Fact of the Case: Civil Revision Petitions were filed against an order disallowing the introduction of documents by ... However, when the defendant's side evidence came, after the evidence commenced, once again an application was filed to recall and reopen the defendant's side evidence and along with the same an interlocutory application was filed for the production of documents. ... The trial Court also found th....
1992 0 Supreme(AP) 369 • India - Andhra Pradesh
A.GOPAL RAO, M.N.RAO
The court relied on the evidence of the defendants and the documents Exs. ... Fact of the Case: Plaintiffs filed a suit for partition of partnership property and rendition of accounts. ... The court found that the partnership was dissolved in January 1979 with the death of one of the partners and that the suit was filed ... On the other hand in the written statement filed by D-l to d-4 on 27-11-84, they asserted that the plaintiffs did not make any investments at all. The evidence was commen....
2014 0 Supreme(AP) 900 • India - Andhra Pradesh
R.KANTHA RAO
Indian Evidence Act, 1872-Section 73-Comparison of handwriting-Section 73 enables Court to compare signatures of a party so as to ... , it can send the document to Handwriting Expert for comparison and opinion-Before exercising powers under Section 73 of Indian Evidence ... ... The defendant, however, did not file the interlocutory application under Section 45 of the Indian Evidence Act to send the document for the opinion of the Handwriting Expert, either before the commencement of trial or soon after....
2010 0 Supreme(Mad) 1542 • India - Madras
M.JAICHANDREN
Fact of the Case: The petitioner filed an interlocutory application to mark a receipt as a document in a suit for recovery ... Fair Trial - Civil Procedure - O.S.No.319 of 2007 - I.A.No.39 of 2010 - 12(2) - The court dismissed the interlocutory application ... Issues: Denial of fair trial, belated filing of interlocutory application, lack of mention of receipt in pleadings. ... The trial Court ought to have seen that the document in question is a material piece of ....
2008 0 Supreme(Mad) 3995 • India - Madras
M.VENUGOPAL
The revision petitioner was given the opportunity to establish the averments made in the amendment application through evidence, ... citing that the trial had already commenced and that the reasons for the amendment were inadequate. ... It held that the trial court's dismissal of the application was not perverse and declined to allow the revision petitions. ... The trial Court, while dismissing the said Interlocutory applications has inter alia opined that the trial has already #HL_STA....
2025 Supreme(Online)(Ker) 46588 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
This petition arises from the dismissal of an application under Order VI Rule 17 of CPC seeking amendment to the plaint in a recovery ... The application filed by the petitioner for amendment is allowed. ... At this stage, the counsel for the petitioner / plaintiff has filed an interlocutory application under Order VI Rule 17 of CPC , seeking amendment to the pleadings at paragraph 1 and 5 of the plaint, The amendment sought in paragraph 1 is to correct the name of the Society from "s....
• India - Andhra Pradesh
SUBBA REDDY SATTI
Apart from that no explanation is forthcoming regarding amendment sought for after trial was commenced. ... Revision Petition - Recovery of amount - Whether Court below failed to exercise the jurisdiction vested with it and considering application ... filed by defendant under Order 6 Rule 17 CPC - Whether defendant satisfied due diligence test as contemplated under proviso to Order ... Plaintiff reported no evidence and the evidence on behalf of plaintiff was closed. At that juncture, the inte....
• India - Madhya Pradesh
CHATURVEDI
Whether the revision petition was maintainable against the interlocutory order of the trial court? 2. ... CIVIL PROCEDURE CODE, 1908 - SECTION 115 - REVISION - INTERLOCUTORY ORDER - ADMISSIBILITY OF UNREGISTERED DOCUMENT - ANOMALOUS ... The court held that the unregistered document was admissible in evidence to prove the money obligation. ... This was a suit for redemption wherein the defendants, after the issues had been framed, but before the evidence was commenced, filed an #HL_STAR....
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