Suit for possession
Adv B.B.Gambhir #9814820602
(Querist) 12 September 2012
This query is : Resolved
(URGENT PLEASE)the plaintiff Bhupinder Kumar son of Amar Nath filed a suit for possession two witnesses were examined bhpinder kumar himself and his father Amar Nath. then the plaintiff closed his evidence then the defendant's witnesses examined then closed his evidence. case was fixed for arguments the court came to know that inadvertently issues have not been framed. court framed the issues(not any additional issues) and given one opportunity to lead one evidence to both the parties. my question is whether Amar Nath who has already been examined cross examination is conducted again entered into witness box to get examined himself again to fill up the lacuna. if not give any law point. i am from defendant side.
Kiran Kumar
(Expert) 12 September 2012
Ajit Singh v/s Joint Development Commissioner Punjab, 2005(2) CCC 827 (P&H)
Sir please ready the aforementioned judgment.
otherwise also, in my opinion, the non framing of issues is merely an irregularity, if the court has not framed the issues and parties have lead evidence against each other knowing the facts of the case then merely non framing of issues shall not come in a way of delivering judgment.
I agree with your apprehension that the other party will definitely try to plug in the loopholes in their case.
better to challenge the orders.
V R SHROFF
(Expert) 14 September 2012
Both are given opportunities to examine one witness each. Cross examination will take care of your fear to fill lacuna. Even Defendant got same opportunity, to strengthen your defence.
Wight your pros & cons & you are the best judge to challenge it or take opportunity.
