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Yogesh masi   08 December 2024

Cpc civil

Hello

Respected advocates 

I m a defendant in a case and a civil case was filled by plaintiff. After all the arguments court decided to with judgement. Judgement is about to pass in next few days. A new facts/evidence was found and could be case turning point in favour of Us. Our advocate filled petition under cpc 151 and  judge accepted the same and our advocate expressed his opinions via arguments and submitted evidence in both oral and written statement.

However I am little concerned weather it will be accepted or not  since the issues was not highlighted from written statement nor during trial /cross examination.

Can you please advise your opinions? 

Will it effective?

 

Thank you 

 



Learning

 4 Replies

Dr. J C Vashista (Advocate )     08 December 2024

Written / additonal evidence can be filed with permission of Court before pronouncement of judgment.

Wait for Court order(s), your query is premature.

It is advisable to have faith in your lawyer and ask your questions to him/her before seeking obligation of experts on this platform on the basis of limited facts posted by you. 

N.K.Assumi (Advocate)     08 December 2024

I concurred with Dr. JC Vashista. Evidence can be given at any stage before judgment is signed.

Advocate Bhartesh goyal (advocate)     08 December 2024

Before pronouncing judgment if court feels that such documents/evidence is material evidence for the decision of case then  court can take documents/evidence on record.

T. Kalaiselvan, Advocate (Advocate)     08 December 2024

On filing an application for reopen and recall the witness for aadducing more evidence on the basis of discovery of facts pertaining to the suit. 

Evidence can be reopened during a civil case, but it is not a routine practice. The trial court has the discretion to decide whether to reopen evidence, and to what extent. The court may reopen evidence if it believes it is necessary to ensure a fair trial and a just decision.

The court can recall any witness who has already been examined at any stage of the case. The purpose of this is to clarify any doubts about the evidence.

Documents can be produced during cross-examination to confront a witness or party to the suit. This can be done without seeking prior permission from the court. 

Order 18 Rule 17 of the Code of Civil Procedure (CPC) allows the court to recall any witness who has been examined at any stage of a suit. The primary purpose of this provision is to enable the court to clarify any doubts regarding the evidence presented.


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