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...petitioners-defendants are aggrieved of the impugned order whereby the application for bringing on record the sale deeds by way of additional evidence at the stage of final arguments, has...submitted that the application for additional evidence is just an attempt to fill up the lacuna, thus, urges this Court for dismissal of the revision petition. I have heard learned...lacuna cannot be permitted to be filled up. Even if the documents sought to be placed on record by way of additional evidence are per se admissible being public documents, they are subject to mode of...
...there is no justification for permitting additional evidence at the stage of rebuttal evidence and final arguments.I have carefully considered the aforesaid contentions. Necessity f...additional evidence arises after a party closes its evidence. When defendant closes his evidence, the case is fixed for rebuttal evidence and arguments. Thus whenever defendant has to seek permiss...application Annexure P-7 moved by defendants for additional evidence.Respondent No. 1-plaintiff has filed suit for possession of the suit property alleging that he purchased the same vide sale...
...CIBIL as Annexure A-1, by way of additional evidence, at this stage. The application is, accordingly, dismissed. Arguments, in the appeal already heard.4. Vide our...evidence, was moved by the appellants/complainants, on the ground, that the same is essential for the just decision of the appeal. Arguments, on the application for placing, on record..., copy of the report obtained from the2. Credit Information Bureau (India) Limited (CIBIL) as Annexure A-1, by way of additional evidence, heard. It may be stated here...
...Alongwith the appeal, the appellants have moved an application, for placing on record, certificate (Annexure A-1) by way of additional evidence on the ground, that the same are essential for the just decision ...Disputes. Thus, there is no justification, whatsoever, to allow the application, for placing, on record, the aforesaid document, by way of additional evidence, at this stage. The application is, accordingly, dismis...evidence, in the District Forum. In case, at this stage, the application for placing, on record, the document, aforesaid, by way of additional evidence, is allowed, that will delay the disposal of...
...the proceedings in the eviction petition which was pending since long.Learned counsel for the petitioner has admitted that the application for additional evidence was filed at the stage of ...submitted that during the course of arguments when he had cited certain judgments, then at that stage, this application was filed by the petitioner in order to place on record the documents which were well within his knowle...he submits that even at that stage, application for additional evidence could be allowed if the evidence which is sought to be produced goes to the root of the case. He has relied...
...aforesaid documents, by way of additional evidence, at this stage. The application is accordingly dismissed. Arguments on the application for condonation of delay as also in the m..., on the application at the preliminary stage.2. It may be stated here, that the document and the annexures, sought to be placed, on record,3. by way of additional...evidence, were very much, in the knowledge of the appellant/complainant, when he was leading evidence, in the District Forum. In case, at this stage, the application for placing, on record, the documents...
...the said pedigree table. The application for additional evidence has been dismissed by the trial court on the ground that evidence of the plaintiffs was closed by court order dated 18.11.2008 and the application fo...additional evidence.The petitioners have already produced copy of pedigree table mark PA in the trial court. By additional evidence, the plaintiffs want to examine Patwari as witness to prov..., the plaintiffs should be permitted to produce certified copy of the pedigree table by way of additional evidence on payment of costs. The said document is not likely to be forged or fabricated. Its...
...stage.5. In my opinion, no doubt, it is not usual for courts to allow additional evidence at the stage of final arguments, however, it is not totally unknown that courts do allow...judgments cited that parties should not be allowed to fill up lacunae in their cases and evidence should not have been led at the stage of final arguments, no doubt there cannot be any quibble to such proposition ...because of delay in filing the same at the stage of final arguments and for filling up lacunae in evidence, reliance is placed upon the judgments in the cases of...
...indulgence by this Court by granting another opportunity for their evidence. Consequently, there is no ground for allowing the plaintiffs another opportunity to lead their evidence by way of additional ...additional evidence and no prejudice would be caused to the defendants.I have carefully considered the contention, but find no merit therein.Perusal of the impugned order reveals...earlier revision petition. Thereafter, defendants led their evidence. When the case was fixed for rebuttal evidence of the plaintiffs, at that stage, application Annexure P-1 was moved by the plaintiffs...
...is no justification, whatsoever, to allow the application, for placing, on record, the aforesaid documents, by way of additional evidence, at this stage. The application is, accordingly, dismissed. .... In case, at this stage, the application for placing, on record, the documents, aforesaid, by way of additional evidence, is allowed, that will delay the disposal of the complaint, thereby defeating...On 17.08.2015, the Opposite Parties had moved an application, for placing on record, two demand letters dated 19.12.2012 and 31.12.2012 by way of additional evidence on the ground, that...
...file reply to the same. However, on 17.04.2015, when the appeal was fixed for final hearing, he stated that the respondents did not want to file reply to the application for additional evidence. 3. ...Consumer Disputes. Thus, there is no justification, whatsoever, to allow the application, for placing on record Annexures AX and AY, by way of additional evidence, at this stage. The application is accordingly dis...On 16.04.2015, an application, for placing on record, copies of letters dated 12.03.2015 and 17.03.2015 as Annexures AX & AY, by way of additional evidence, was moved by the appellant...
...Grewal, J. (Oral)
The petitioners have challenged the order dated 31.01.2023 (Annexure P-4) whereby the application of the respondents for leading additional evidence has been allowed.
...property was ancestral in nature and could not have been alienated. The plaintiffs by way of an application for leading additional evidence sought to
1 of 2...leading additional evidence has been allowed.
The judgment relied upon by the counsel for the petitioners in the case of...
...:—“Under the added rule 17-A, power has been given to the trial Court to permit a party to lead additional evidence even at a later stage of the suit but the final stage of the suit...thereafter no stage would be left with the trial Court to permit a party to lead additional evidence. The later stage would include the last stage as well which would be before the arguments are h...of Civil Procedure for producing additional evidence in the form of a rent note, seeking opportunity to prove the same. The trial Court allowed this application on January 9, 1985. Hence...
...) itself, it has been held that the allowing of the application for additional evidence at the stage of rebuttal and arguments has to be subject to the condition that good reasons are required to ...the impugned order and permitting him to lead additional evidence.After hearing learned Counsel for the petitioner and perusing the paper book, this Court is of the considered view that...application would amount to fill up all the lacunae which might have been lead by the plaintiff for leading his evidence in affirmative. Such a procedure cannot be allowed at the stage of rebuttal and...
...revision aggrieved by the order dated 26.11.2014 (Annexure P-7), passed by the learned Civil Judge (Jr. Divn.), Bathinda, whereby their application for leading additional evidence at the stage of rebuttal ...by the petitioners for leading additional evidence was at the stage when the defendant was already leading his evidence and vide the said application, the petitioners intended to bring on record the...plot in the society, by examining the concerned Clerk of Bathinda Housing Complex CHBS, Dabwali Road, Bathinda. It is settled law that an application for additional evidence can be allowed only after...
...application for additional evidence was moved at the stage of rebuttal evidence and arguments.Learned trial court vide Annexure P/4 has dismissed application Annexure P/1 filed by p...227 of the Constitution of India impugning order dated 3.1.2013 Annexure P/4 passed by the trial court thereby dismissing application Annexure P/1 filed by the petitioner for additional evidence...therefore, it is necessary to produce plaint dated 19.10.2010 Annexure P/3 by way of additional evidence.Respondents no. 1 and 2 by filing reply Annexure P/2 opposed application Annexure P...
...that some witness could not be examined cannot be a ground to grant the plaintiff to lead the evidence at the stage of final arguments. Accordingly this plea is rejected.
4. Plea (b) is based on th.... This cannot be a ground to permit leading of additional evidence at the stage of final arguments. The trial court while dismissing the application also noted that for the same purpose on two ear...court to grant permission to the parties to lead additional evidence at any stage of proceedings before they are concluded. However, the mere existence of the power to permit additional ...
...normally allowed to be produced even at the stage of arguments, as per proposition emerging from Narinder Kumar v. Shri Sat Narayan Mandir through trust Committee ...-ordinate Bench of this Court, where as well, at the stage of adducing of rebuttal evidence and arguments, copy of bank statement which was of relevance for adjudication...the stage of arguments is permissible particularly when such evidence is required for adjudication of the matter in controversy and the documents which are sought to be produced could not have been...
...as additional evidence, which has been accepted by the Trial Court vide order impugned herein. It is his argument that after the evidence of the plaintiffs was closed by an order of the Trial Court, they c...by the Supreme Court, it is evident that the plaintiffs-respondents No.1 and 2 have not been able to make out a case for production of additional evidence. The said respondents have been lax in the production of th...
additional evidence on the ground that due to inadvertence, accidental omission and over sight, they could not produce the certified copies of mutation and exhibit t...
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At the stage of arguments in the civil suit, the plaintiffs moved an application for leading additional evidence. The application was dismissed by the learned Trial...to such person."
4(b) The civil suit reached the stage of arguments. By means of application moved by the plaintiffs on 08.12.2020 for
...plaint. Therefore, learned Trial Court did not commit any error in dismissing the application moved by the plaintiffs at the stage of arguments seeking opportunity to lead additional evidence.
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