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HIRA   26 March 2022

Section 311 recalling application

I have a question, and need help
In one of my case, CRPC-125

Opposite party is taking dates since 2020 for nor appearing for cross,
Now in the month of February court closed her rights for submitting evidence due to non appearance. and after that respondent submitted his evidence affidavit by way of affidavit. and after next hearing she changed the advocate and he appears with an section 311 application for recalling of evidence for petitioner. ( in 2019 judge also imposed cost on 2 occasion for Petitioner taking adjourment.)
Application under section 311 code of criminal procedure and my questions are -
Can court allow this application ?
What grounds I have not to allow this application
Are there any judgement and provision please share.
Note - the similar conduct of the party is visible in other cases too and it's a matrimonial dispute.


Learning

 1 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     26 March 2022

Hello,

You can read the application and find out the reasons stated by your wife in the application. You have to point out the false statement of wife to court. There is no fix formula to oppose the application it varies case to case basis. 


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