Query regarding commercial suit
Vishal jain
(Querist) 26 January 2024
This query is : Resolved
In a commercial suit... PE and DE are closed... Matter fixed for FINAL ARGUMENTS.
At this stage, I want to file "hand writing expert report" In the court...
Is this possible at this stage of case to file it and the shall admit my request.
Please provide some case laws.... That documents can be filed any time even after closing of PE and DE
T. Kalaiselvan, Advocate
(Expert) 26 January 2024
If evidence of both the sides are completed and the matter is posted for arguments then you may have to file a petition to reopen plaintiff side evidence for filing additional documents and also another petition to receive additional documents supported by affidavit substantiating the reasons to convince the court.
The case can be reopened before final argument also.
Advocate Bhartesh goyal
(Expert) 27 January 2024
If the hand writing expert report has relevance with case and essential for just and proper decision of case then it can be taken on record irrespective of the fact that case is fixed for final arguments. File appplication for taking the documents on record and to reopen your evidence.
Vishal jain
(Querist) 02 February 2024
In the above noted query... I filed the required application...But the court has given me some time to put any CASE LAW if any...as the court said that "after closing of DE, evidence cannot be reopen and document cannot be taken on record in commercial courts"
kindly provide some CASE LAW
T. Kalaiselvan, Advocate
(Expert) 08 February 2024
You may contact your advocate to search for some case laws to support your claim.
Though power under Section 151 can be exercised if ends of justice so warrant and to prevent abuse of process of court and court can exercise its discretion to permit reopening of evidence or recalling of witness for further examination/cross-examination after evidence led by the parties,
