Disposed

Bhagwan Pal Singh v. Ramesh Pal Singh and Anr.

Punjab & Haryana HC11 Jul 2013CR/3139/2013

Case brief

AI extract

What is this about?

This order in a civil revision allows additional evidence to be produced by the plaintiff even after the defendant's cross-examination, distinguishing a Gauhati HC view. The court permits recross-examination but imposes costs of Rs. 2,500 on the petitioner and dispenses with notice to the respondent.

What did the court decide?

Allowance of additional evidence; costs of Rs. 2,500 awarded against petitioner.

Bhagwan Pal Singh Vs Ramesh Pal… — Civil Procedure and Limitation | Punjab & Haryana HC (2013)

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CR No. 3139 of 2013

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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CR No. 3139 of 2013 Date of decision July 11, 2013

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Bhagwan Pal Singh

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....... Petitioner

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Versus

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Ramesh Kumar and another

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........ Respondents

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CORAM: HON'BLE MR. JUSTICE K. KANNAN

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Present:Mr. Darshan Singh Bishnoi, Advocate for the petitioner.

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K. Kannan, J (oral).

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The plaintiff/petitioner's plea for the additional

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evidence sought to be given was rejected by the trial Court on the ground that the additional evidence cannot be produced after cross examination of the defendant. The court had relied on a judgment of Gauhati High Court that such a plea by the plaintiff should be made before the commencement of the cross examination of the defendant and not during or after the cross examination of the defendant. I find myself unable to subscribe to such a view. If the additional evidence was brought during or after the cross examination, the respondent can always cross examine and elicit what he wants to establish. In this case, the defendant has filed his objection stating that the kacha parchies sought to be produced by the plaintiff are fabricated. He is at liberty to cross examine him with reference to the documents brought through his attempt to receive additional evidence. For the inconvenience caused to the parties during the course of trial, the

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CR No. 3139 of 2013

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defendant would be compensated in costs which I award against the petitioner at `2,500/- to be paid to the defendant before the next date of hearing.

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I have dispensed with notice to the respondent in view of the fact that the trial is in progress and there shall be no obstruction during the course of trial. If the amount is not paid at the time when the party presents himself in court for examination he shall not be permitted to rely on the additional evidence brought through his additional affidavit. With these observations the civil revision is

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disposed of.

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(K. KANNAN) JUDGE

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July 11, 2013 archana

Bhagwan Pal Singh v. Ramesh Pal Singh and Anr.

Case brief

What is this about?

What did the court decide?

Bhagwan Pal Singh v. Ramesh Pal Singh and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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