Case Note & Summary
The case involved a civil appeal where the appellant, Kewal Krishan, sought to present evidence after the trial court had closed the evidence. The respondent, Harnak Singh (deceased), was absent despite service. The appellant's counsel, Mr. Gaur, argued that the appellant was present and ready to give evidence but was not allowed to do so. He requested that the appellant be given another opportunity to present his evidence, assuring the court that no adjournments would be sought. The Supreme Court, recognizing the importance of justice, decided to set aside the trial court's order closing the evidence and directed that the appellant be permitted to lead his evidence. The appeal was disposed of with the appellant ordered to pay costs of Rs. 500 to the respondent.
Headnote
A) Civil Procedure - Right to Present Evidence - Opportunity to Lead Evidence - Code of Civil Procedure, 1908, Order 18 - The court held that the appellant should be given another opportunity to present evidence as the end of justice required it. The order closing the evidence was set aside, and the trial court was directed to allow the appellant to lead evidence without adjournment. Held that justice necessitated this opportunity (Paras Not mentioned).
Issue of Consideration
Whether the appellant should be allowed to lead evidence after the trial court closed the evidence.
Final Decision
The Supreme Court set aside the trial court's order closing the evidence and directed that the appellant be allowed to lead his evidence without adjournment. The appellant was ordered to pay costs of Rs. 500 to the respondent.
Law Points
- Right to be heard
- Opportunity to present evidence
- Civil procedure principles
