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Amicus Curiae (Judiciary)     19 March 2024

Striking off the right

Whether the right to the extent of a witness can be struck off since party fails to produce that particular witness on different adjournments
Or should his overall right to produce evidence be struck off? Please, need guidance



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

The court is right in closing the evidence or the further evidence if the petitioner/plaintiff/defendant/respondent fails to produce the evidence despite many opportunities had been given to them.

However the aggrieved party can file a petition to reopen and  recall the proposed witness to let in evidence by filing petitions as per provisions of law accordingly

Amicus Curiae (Judiciary)     19 March 2024

Learned sir, So a party failing to produce a particular witness in the calendar of witness despite several adjournments, court has right to strike off his right to the extent of that witness and proceed to call other witnesses. Right? 

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

Court cannot waste its precious time allowing endless time for the party trying to intentionally drag on the case. 

There has to be an end for everything. 

The parties to the suit cannot take undue advantage over the court's leniency. 

Since there's a provision in law to reopen the case pertaining to that particular witness. the aggrieved party can invoke the appropriate provisions of law. 

Dr. J C Vashista (Advocate )     20 March 2024

Whether the party failed to produce witness or there is "no" witness available to substantiate ?

The Court can close evidence, if there is no witness.

Neither facts nor query is clear.


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