Non acceptance of evidence by small cause judge
Adv. Pooja Zanwar
(Querist) 09 January 2013
This query is : Resolved
Sir/Madam, there is a case in which decision is against the tenant in Small Cause Court. Tenant appeals in District Court. Owner intentionally makes false applications to the court stating that tenant has given the said property a sub tenant & further landlord prays to vacate the suit property.
For the purpose of evidence, tenant has sent a third person to have chat with owner along with the spy pen recording camera. In that discussion, the owner accepts the fact that there is no sub-tenancy. In fact he says that the person is the servant of tenant.
Tenant submits the Muster Book & C.D. in which such discussion is recorded But District Judge has not considered the said proof & kept the application pending for year. When the paper book was made, tenant demands to consider C.D. as an evidence, but Judge denies the same. What should be done in such case? and whether such recording by spy pen is admissible evidence or not? Please cite the authorities if any.
Devajyoti Barman
(Expert) 09 January 2013
File application forgiving additional evidence.
If it rejects then go to high court, it would surely be allowed.
Raj Kumar Makkad
(Expert) 09 January 2013
As the evidence before the lower court has already been closed and the appeal is pending so the Court of DJ is legally justified not to consider the evidence brought by you without having specific provisions of law. Move an application under Order 6 Rule 17 read with section 151 of CPC seeking leading additional evidence.
