Petitioner filed a writ under Article 227, aggrieved by the rejection of an application for judgment under Section 151 CPC seeking an opportunity to lead evidence. The High Court held the grounds frivolous and the trial court's order not perverse.
None; the dismissal of the writ petition upholding the rejection of the application for judgment.
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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP227 No.390 of 2016
Bagrudas S/o Late Nirbhay Das, Caste Panika, Aged About 60 Years Occupation Agriculture, R/o Village Dumarmuda, Tahsil And District Raigarh, (Chhattisgarh)
---- Petitioner
Versus
---- Respondents
| For Petitioner : |
Shri Vivek Tripathi, Advocate |
|---|---|
| For Respondent/State: | Shri S. P. Kale, Dy.AG |
Hon'ble Shri Justice Manindra Mohan Shrivastava
Order On Board
19/07/2016
Heard.
2015, case is going to be listed for evidence of defendants. On the next date of hearing, when adjournment was sought and the Court rejected the prayer and close the petitioner’s case for defence. It is submitted that by closing the petitioner’s opportunity to lead his evidence, serious prejudice has been caused and at least, one opportunity should be granted.
SD/-
( Manindra Mohan Shrivastava ) Judge
Tumane
2 issues framed by the court
Whether the High Court can issue a writ under Section 151 CPC to grant an additional opportunity to lead evidence in a case pending for over 10 years.
Whether the petitioner's ground that he was unaware of the listing for evidence is a frivolous, afterthought, and impermissible plea.
3 provisions across 3 enactments
Bagrudas S/o Late Nirbhay Das
Husalram (Dead) Through Lrs
State Of Chhattisgarh
Manindra Mohan Shrivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
