Umesh Khanna (CEO) 23 February 2013
The date for final argument had been set , our senior counsel pointed a few points in which the witness and evidence need to be reexamined , we filed a application under sec 311 , the appeal was set aside by the sessions judge as these points had not been raised earlier while the proceedings were underway and he has set a final date for argument , can we appeal against this order ? please guide
Srinivas (Director) 23 February 2013
In general facts and evidence must be submitted at the earliest opportunity.
As always there are exception. If you can show just cause why you could not
submit them earlier and court is convinced of the reason they will allow.
If new facts have arised after institution of the suit or after filing of the W.S then
you should consider filing an amendment. Normally Judges will be reluctant to admit new facts and evidence just before final arguments. If this is the case, most litigants will misuse this process to cause indefinte delays.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 24 February 2013
Assuming you being complainant than you can not be allowed to conduct a rowing enquiry it can go on and on.
If accured you have many simple sure tricks to do it.
Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 24 February 2013
Yes , Adv Def is right , if you are complainant than you would have crossed each of defence well , but if you are accused and jugdment have not been made out than you have lot of scope to present your new findings even after final argument is over.
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