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The Himachal Pradesh High Court has held that in the absence of any plausible explanation for non-examination of witnesses at the Trial stage, the same cannot be plugged in at a later stage cause serious prejudice to the rights of the plaintiff in the present case.
While dismissing the instant writ petition, Justice Jyotsna Rewal Dua observed, “The conduct of the petitioners/defendants goes to show that in the guise of instant application, attempt is being made to protract the trial and to cause serious prejudice to the rights of the respondent/plaintiff. Lacunae, if any, occurred in the evidence led by the defendants, cannot be permitted to be plugged in at this stage, more so in the facts and circumstances of the present case.”
An application under Section 151 CPC moved by the petitioners for reopening of evidence before the Trial Court was dismissed through an order dated 15.01.2021. Assailing the same, petitioners have approached the present court praying reopening of evidence by summoning, calling and examining the witnesses of the will in dispute.
Pursuant to its decision, Court placed reliance over the following cases;
Narrowing down to the facts and circumstances of the present case, Court noted that the petitioners had accepted the order passed by the Trial Court on 16.06.2017 to produce their entire evidence by way of last opportunity on self-responsibility, failing which their right to adduce evidence was deemed to have been closed. Accordingly, after leading their evidence on 05.08.2017 and themselves closing evidence on that day, no application was moved by them for reopening the evidence in proximity to this date.
Court stated that it was not an appropriate case of exercising discretion in favour of the petitioners. Directions were issued to the registry for expeditious disposal.
Case Title: Arvind Kumar v. Raj Kumar | CMPMO No. 30 of 2021
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