Case Note & Summary
The petitioner, Mr. Pralhad Chavatrao Lawand, filed three writ petitions challenging orders passed by the learned Judge, Cooperative Court, Solapur, rejecting his applications for permission to lead further evidence in three companion cooperative disputes. The disputes were filed by the respondent, Parvati Mahila Gramin Bigar Sheti Sahakari Pathsanstha Maryadit, under Section 91 of the Maharashtra Co-operative Societies Act, 1960, for recovery of dues. The factual position was identical in all three petitions. In the year 2015, the respondent filed a cooperative case for recovery of certain dues against the petitioner. The respondent led evidence, and thereafter the petitioner also led evidence. Both parties' witnesses were cross-examined. The petitioner then closed his evidence by filing an evidence closure pursis. Subsequently, arguments commenced. At that stage, the petitioner filed an application seeking permission to lead further evidence. The Cooperative Court rejected the application. The petitioner challenged this order by way of writ petitions. The High Court noted that the application was filed after the evidence was closed and arguments had commenced. The court observed that the petitioner had not provided sufficient reasons for seeking to lead further evidence at such a belated stage. The court held that the Cooperative Court had not committed any error in rejecting the application. Accordingly, the High Court dismissed all three writ petitions.
Headnote
A) Cooperative Law - Reopening of Evidence - Section 91 of the Maharashtra Co-operative Societies Act, 1960 - Application for further evidence after closure and commencement of arguments - The petitioner sought to lead further evidence after closing his evidence and after arguments had begun. The Cooperative Court rejected the application. The High Court held that the application was filed at a belated stage and the reasons given were insufficient. The Court found no error in the impugned order and dismissed the writ petitions. (Paras 1-8)
Issue of Consideration
Whether the Cooperative Court was justified in rejecting the petitioner's application for permission to lead further evidence after the evidence was closed and arguments had commenced.
Final Decision
The High Court dismissed all three writ petitions, upholding the orders of the Cooperative Court rejecting the applications for further evidence.
Law Points
- Reopening of evidence after closure and commencement of arguments is impermissible
- Section 91 of the Maharashtra Co-operative Societies Act
- 1960
- Order 18 Rule 17 CPC
- Power to recall witnesses
Case Details
2023 LawText (BOM) (12) 60
WRIT PETITION NO.15440 OF 2023 WITH WRIT PETITION NO.15442 OF 2023 WITH WRIT PETITION NO.15444 OF 2023
Mr. Pralhad Chavatrao Lawand
Parvati Mahila Gramin Bigar Sheti Sahakari Pathsanstha Maryadit & Anr.
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Nature of Litigation
Writ petitions challenging orders of the Cooperative Court rejecting applications for permission to lead further evidence in cooperative disputes for recovery of dues.
Remedy Sought
The petitioner sought to set aside the impugned orders and allow him to lead further evidence.
Filing Reason
The Cooperative Court rejected the petitioner's application for permission to lead further evidence after evidence was closed and arguments had commenced.
Previous Decisions
The Cooperative Court rejected the application for further evidence.
Issues
Whether the Cooperative Court was justified in rejecting the application for further evidence filed after closure of evidence and commencement of arguments.
Submissions/Arguments
The petitioner argued that the application for further evidence was necessary to prove his case and that the Cooperative Court erred in rejecting it.
Ratio Decidendi
Once a party has closed its evidence and arguments have commenced, an application for further evidence at that belated stage cannot be allowed unless sufficient reasons are shown. The Cooperative Court did not err in rejecting such application.
Judgment Excerpts
The Petitioner in Writ Petition No.15440 of 2023 is challenging the Order dated 17th June 2023 passed by the learned Judge, Cooperative Court, Solapur below Exhibit-40 in Cooperative Case No.139 of 2015.
The factual position on record further shows that the Respondent No.1 has led evidence and thereafter, the Petitioner has also led evidence and the respective witnesses were cross-examined. Thereafter, the Petitioner has closed the evidence by filing evidence closure pursis. Thereafter, arguments have commenced and at that stage, the present Application in question has been filed by the Petitioner-original Opponent seeking permission to lead further evidence.
Procedural History
In 2015, the respondent filed a cooperative case under Section 91 of the Maharashtra Co-operative Societies Act, 1960 for recovery of dues. Evidence was led by both sides. The petitioner closed evidence. Arguments commenced. The petitioner then filed an application for further evidence, which was rejected by the Cooperative Court on 17th June 2023. The petitioner challenged this order by filing three writ petitions before the Bombay High Court, which were dismissed on 11th December 2023.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: Section 91
