This writ petition challenged an order rejecting a request to produce additional evidence in a partition suit where the petitioner admitted the plaintiffs claim and failed to lead evidence despite representation.
The writ petition for allowing additional evidence was rejected as there was no reason to interfere with the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Diksha Rane
Digitally signed by DIKSHA DIKSHA DINESH DINESH RANE RANE Date: 2022.07.21 17:24:02 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3675 OF 2022
SUDHAKAR SHAMRAO PATIL ..PETITIONER VS. SHRINIWAS SUDHAKAR PATIL & ORS. ..RESPONDENTS
Mr. Shriram S. Chaudhari for the petitioner.
------------ CORAM : M. S. KARNIK, J.
DATE : JULY 21, 2022.
P.C. :
1
before the trial Court at Exhibit 36. The petitioner preferred not to cross-examine the witnesses (PW-2, PW-3 and PW4). He was absent for cross-examination of PW-4 and PW-5. According to learned counsel for the petitioner, the petitioner was not keeping good health and was not aware of the proceedings before the trial Court. In the result, he could not effectively contest the suit and lead the evidence.
(M.S.KARNIK, J.)
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2 issues framed by the court
Whether the petitioner, who admitted the plaintiffs claim and did not lead evidence in the underlying partition suit, deserves additional evidence under Order XLI Rule 27 CPC in a writ petition.
Whether the High Court should interfere with the District Judges order rejecting the application for additional evidence given the petitioner admitted the claim.
1 provisions across 1 enactments
Sudhakar Shamrao Patil
Shrinivas Sudhakar Patil
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
