Petitioner challenged an order by the Additional District Judge declining additional evidence in a succession suit. The High Court dismissed the petition, finding no error as the document was in the petitioner's custody since evidence closure.
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SATENDRA PRAKASH KAUSHIK ..... Petitioner Through: Mr. Arun Kumar Gupta, Advocate.
versus
VIRENDRA PRAKASH KAUSHIK & ORS ..... Respondents Through: Ms. Purnima Maheshwari, Advocate for R-1.
Ms. Megha Katari with Ms. Shabista Nabi, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
Caveat No.126/2018
Since the counsel for the caveator/respondent No.2 has appeared, the caveat stands discharged.
CM(M) 186/2018 & CM 5832/2018
CM(M) 186/2018
Page 1 of 3
from his own custody and control. He closed the evidence on 07.05.2012 without reserving right to lead evidence in rebuttal. Even during the course of evidence of the defendants, which exercise continued till 23.01.2017, no effort was made by him to have the authenticity of the document or of the signatures or writings thereupon being confirmed.
R.K.GAUBA, J
FEBRUARY 16, 2018 srb
CM(M) 186/2018
Page 3 of 3
2 issues framed by the court
Whether additional evidence regarding a draft declaration-cum-agreement can be permitted late in civil proceedings concerning succession.
Whether the Additional District Judge committed error in declining the prayer for additional evidence and opinion of handwriting expert.
1 provisions across 1 enactments
Satendra Prakash Kaushik
Virendra Prakash Kaushik
R.K. Gauba
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
