Upma Puri v. Manjit Sodhi
Case brief
What is this about?
Appeal against an order striking off additional evidence. Bench held examination-in-chief evidence can be filed even after cross-examination commenced and set aside lower court order.
What did the court decide?
Impugned order dated June 29, 2015 set aside; order dated April 18, 2015 restored to allow plaintiff to file additional affidavit by examination-in-chief. No costs.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- FAO(OS) 440/2015
| UPMA PURI | Represented by: versus |
..... Appellant Mr.Sanat Kumar, Advocate with Ms.Puja Kashyap, Advocate |
|---|---|---|
| MANJIT SODHI | Represented by: | ..... Respondent Mr.Amit Mahajan, Advocate with Mr.Gaurav Dwivedi, Advocate |
CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA
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O R D E R 10.02.2016
- Record of the suit has been perused.
- The appellant is the plaintiff. The respondent is the defendant.
- Post pleadings being completed, on April 17, 2009 issues were settled. The plaintiff was directed to lead evidence. Examination-in-chief was directed to be by filing affidavits of the witnesses of the plaintiff.
Issues for consideration
2 issues framed by the court
Whether a plaintiff is permitted to file additional affidavit by way of examination-in-chief after the witness has commenced cross-examination of a previous witness.
Whether the learned Single Judge correctly held that procedural law precludes additional evidence if it places the opposing party at a disadvantage.
Parties & counsel
- appellant
Upma Puri
- respondent
Manjit Sodhi
Coram
Pradeep Nandrajog
Case details
As recorded by the court registry
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