...recall or re-examine any person already examined if his evidence appears to be essential to the just decision of the case. However, this provision should not be invoked by the Court to ...Section 311 Cr. P.C with a view to introduce fresh evidence to fill up the lacuna which cannot be permitted under Section 311 Cr. P.C...sought to be introduced to fill up the lacuna in the prosecution case, it would cause very serious prejudice to the...

...Commissioner and the said person had not even turned up for cross-examination. The evidence now sought to be led had not been proved by way of affirmative evidence and it would create new ...apparent that the present application has only been filed to fill up the lacuna in the case itself and after evidence had been closed of the landlord . In such circumsta...challenges order dated 3.12.2016 (Annexure P/6) passed by the Rent Controller, Ludhiana whereby his application to adduce evidence of the Building Expert/Chartered Engineer by way of additional evidence...

...petition and the basic contention of Sri Gupta is that in remanding the matter the revisional court ought not to have permitted the parties to adduce fresh evidence as it would give a han...matter to the trial court for reconsideration of material alternation in the light of fresh evidence to be adduced by the parties.Aggrieved, the petitioner has preferred th...jurisdiction to reappraise the evidence but in case it finds that the finding of the court of first instance is not sustainable can remand the matter to the court below for recon...

.... 3. All the aforesaid applications have been filed by the respondent/plaintiff after completion of the evidence of the defendant. The reasons assigned by him is tha...of title. Pending the suit, the respondent/plaintiff filed I.A.No.2 of 2022 praying to issue summons to the forensic authority, to appear before the court and give evidence relat...Constitution of India seeking to set aside the common fair and final order dated 16.12.2022 passed in I.A.Nos.2, 3 & 4 of 2022 in O.S.No.215 of 2013 on the file of the learned Principal District Court...

...order of the Lower Court.? 5.Though the learned counsel for the revision petitioner contends that the application is filed to make rowing enquiry and fish out evidence to fill ...under: ?8.Of course, it is true that in the normal course, without scraping the earlier Report for defects, it is not possible to appoint a Commissioner for the same purpose. But here, the earlier...Commissioner's Report need not be scrapped because by re-issuing the warrant, the Commissioner is directed only to submit an Additional Report. Thus, both Reports will on the file of the Court. Above all...

....4. Heard.5. The submission of learned Counsel for petitioner is that he is not introducing any new evidence to fill up lacuna in his case and on the other h...him to examine him at the relevant time and further even in the appeal also he did not file the petition till the matter came up for arguments and hence the petitioner cannot now let-in n...was a belated application filed 1½ years after filing of the appeal and it was intended to fill up the lacuna in the complainant's case since no reason was given for not examining ...

...527.3. On the other hand, learned counsel for respondent no. 2 contended that the evidence of both the parties was already closed. There is no reason as to why this evidence could n....6. It is further the settled principle of law that no additional evidence can be allowed to fill up the lacuna/gap in its case by a party. This application has been moved ...application moved by the petitioner-plaintiff for leading the additional evidence has been dismissed.2. Learned counsel for the petitioner-plaintiff contended that the petitioner wants ...

...stating that after completion of the evidence, to fill up the lacuna, the defendant has come forward with this application and it need not be permitted. ...statement. Now the case is posted for arguments after completion of evidence. During the pendency of the trial proceedings, the revision petitioner has filed I.A. Nos. 6 and 7 of 2023 to re-open a...both side submissions the learned trial Judge held that already P.W.1 deposed about the income tax return in his evidence. When the case is posted for arguments, the first defendant wanted to exam...

.... 7. The learned counsel appearing for the defendants / respondents herein raised objection stating that after closure of the evidence, to fill up ...already ample opportunity was given to the plaintiffs / petitioners herein to adduce evidence but they have not work out their remedy. 2/6...evidence was closed. Thereafter, again they filed an application to reopen and recall the witness as such it is not permissible under law. Accordingly, the trial Judge has rightly dismissed the...

...plaintiff was not complied with. Thereafter, they come forward with the present I.A.No.91 of 2017 to amendment in the prayer column and after completion of the evidence to fill ... 1/7 PRAYER: Civil Revision Petition filed under article 227 of Constitution of India, praying to set aside the... 3. The first defendant contested the suit. During the pendency of the suit, the first defendant was died his legal heirs were impleaded as d...

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...permitted to now let in evidence to fill up the lacuna after the defendant side is examined. He would also further submit that when almost 10 years are over, the trial C...evidence was closed on 04.11.2022 and the matter was listed for arguments on 14.11.2022 and thereafter for the second time on 24.11.2022. On 24.11.2022, the present I.A.No.5 of 2023 was filed to reopen ...plaintiff side evidence. The reason mentioned in the application is that the case of the plaintiff is that the plaintiff is enjoying the property by putting up fence and also by ...

...evidence to fill up the lacuna. In my considered opinion, the application is nothing but is another attempt to cause further delay. Accordingly, it is held that the appl...the petitioner that she be allowed to produce/lead evidence to examine the witness, as despite of due diligence such evidence was not within the knowledge of the appellant before...am of the considered view that the appellant was having ample opportunities to lead the evidence that the suit property bears khasra no. 414. But, she failed to lead any cogent ...

...vehemently opposed by the learned counsel for the accused essentially on the ground that Section 391 Cr.P.C cannot be pressed into service to the fill up ...was the obligation of the prosecution to prove that the meat was that of wild boar. After having failed to prove it, they cannot, in appeal let in evidence to fill up ...former decision, the Supreme Court held that the powers of the appellate court to receive additional evidence is not intended to fill up gap in the prosecution case, but...

.... The trial court dismissed the applications holding that the plaintiff has filed the applications to fill up the lacuna in the evidence and it cannot ...that the plaintiff wanted to adduce further evidence to fill up the lacuna. The plaintiff has specifically stated in Ext.P3 application that he got the details ...relating to the account of the petitioner by PW2. Ext.P9 application was filed to reopen the evidence to consider Exts.P3, P5 and P7. The trial court after hearing both sides, di...

.... Learned Counsel for the opposite party submitted that there was no marriage between the opposite party and the petitioner and the petitioner has failed to adduce any evidence to prove ...evidence at the first instance and sufficient opportunity was given to her to adduce evidence in support of her plea, she should not be permitted to fill up the ...of the petitioner that she married the opposite party in a temple in the absence of any corroborative evidence on the record and came to the conclusion that the opposite party ha...

..., the trial court cannot be asked for receiving additional evidence to fill up the lacuna in the prosecution case. Before entering into the discussions with regard ...Officer completed his investigation and laid charge sheet alongwith them. It cannot be stated that the direction for recording of additional evidence is for filling up the lacuna in this case, because...argued that the trial Court has rendered a finding on the strength of the oral and documentary evidence available on record and even if some evidence is found to be missing in the prosecu...

...party in an appeal cannot 3 be allowed to adduce additional evidence in order to enable such party to fill up ...pointed out by a party, or that a party may move the Court to supply the defect, but the requirement is of the Court upon its appreciation of the evidence as it stands." ...appeal is heard a party applies to adduce fresh evidence but "when on examining the evidence as it stands, some inherent lacuna or defect becomes apparent"………. It may well be that the defect may b...

...that prosecution can not be allowed to fill up the lacuna left in his case at a belated stage after the accused discloses its defense. In present case, it is already fixed for recording of defense...as CW-1. Now the complainant can not be allowed to retract from her averments in the complaint and the admissions made in her statement. The evidence is already complete. The respondent h...observed that the prosecution has sought to be produced evidence to fill up the lacuna. The observations made in that case are not applicable to the fa...

...considered opinion of this Court, the First Appellate Court has correctly disallowed the petitioners from producing any additional evidence to fill up the lacuna, more particular...additional evidence vide order dated 11.03.2016 (Annexure-P5) and has been assailed herein. Learned counsel for the petitioners contends that the evidence sought to be produced by way of...order 49 effective opportunities were given to the petitioners to lead their defence evidence right from 02.08.2011 to 27.03.2014 and therefore, the petitioners do not deserve any concession from ...