Mansi Freight Systems v. Console Shipping Services India Pvt. Ltd.
Case brief
What is this about?
Reopening of plaintiff's evidence at final-arguments stage under Section 151 CPC to exhibit Section 65B Indian Evidence Act 1872 certificate; non-exhibition during PW-1's examination held a curable defect where certificate already on record prior to evidence; litigant not to suffer for counsel's inadvertence; case not to fall on technical ground of non-exhibition; Bagai Construction (2013) 14 SCC 1 distinguished as documents there were not on record; petition under Section 227 Constitution dismissed; Mansi Freight Systems v. Console Shipping Services India Pvt. Ltd.; CM(M) 468/2025; CS (COMM) 291/2023; Delhi High Court; Justice Ravinder Dudeja; 10.03.2025.
What did the court decide?
Non-exhibition of the Section 65B certificate was a curable defect, and therefore the respondent could be permitted to reopen the evidence to exhibit the certificate.