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RAJESH KUMAR SHARMA (LAWYER CUM GST - TAX PRACTITIONER)     03 October 2016

Consideration of old witness after reopen of civil case

Dear Sir,

I want to know that If a 27 year old civil suite reopenned by respondent after his father death. They have lingered the case and when the time of witness came they have not produced witness. Also They have not used the chance of Argument and witness and argument has been closed by court.

Pl. sugenst that whether court can consider old witness which has been produced by petitioner before REOPENNING of suite.

 

Regards

Adv. Rajesh Kumar Sharma.



Learning

 2 Replies

adv.bharat @ PUNE (Lawyer)     04 October 2016

Sir it is the sole discretionof the court to consider the witness .

 

RAJESH KUMAR SHARMA (LAWYER CUM GST - TAX PRACTITIONER)     05 October 2016

Dear Friend,

Thanks for Reply.

Basic matter is that the purpose of reopenning of Case has not been fullfilled. The Respondent had not produced any witness . Also they have not used time of Argument. Respondent had challanged the registered deed of Partition made by his Grand Father, Grand Mother, father & all his Uncles.  

After Reopenning Petitioner's  one witness written & oral statement and one witness written statement is in court record.

After that petitioner didnot able to produced further witness as they became major Accident with spinal injury and operation has been conducted in AIIMS Delhi. Time petition given by Petitioner's Advocate alongwith all hospial docements & timeto time treatment. On the meanwhile court changed & new court has closed the witness of Petitioner and given chance to respondent which closed without any witness.

10 year back before reopenning of the case all 5 witness writen & oral statement is in record of court produced by Petitioner.

Now case is in argument of Petitioner from previous date.

Pl. confirm what is the way to get order considering old witness of Petitioner. 

Whether Case would be dismissed or order will come according to  registered deed of Partition available on record?

Regards

Adv. Rajesh K. Sharma

Taxation - Vasai (Mumbai)

 


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