Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for specific performance cross-examination |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CODE OF CIVIL PROCEDURE, 1908:s.151 and Order 18, Rule 17 - Applications by defendant seeking to reopen evidence and to recall PWs for further cross-examination - Suit for specific performance of agreement of sale - Applications filed after closure of evidence on the ground of admissions made by witnesses subsequently in conversation recorded on a Compact Disc. Rejected by trial court - Order upheld by High Court in revision petitions - HELD: Neither the trial court nor the High Court considered the question whether it was a fit case for exercise of discretion u/s 151 or Order 18 Rule 17 of the Code. They have not considered whether the evidence sought to be produced would either assist in clarifying the evidence led on the issues or lead to a just and effective adjudication. Both the courts have mechanically dismissed the applications only on the ground that the matter was already at the stage of final arguments and the applications would have the effect of delaying the proceedings - If after closure of evidence, the plaintiff and the attesting witness, subsequently, admitted during conversation that the amount paid was not towards sale price, but only a loan and the agreement of sale was obtained to secure the loan, that would be material evidence which came into existence subsequent to recording of depositions, having a bearing on the decision and will also clarify the evidence already led on the issues - It was a fit case for exercising discretion u/s 151 - Orders of High Court and trial court dismissing the application u/s 151 are set aside. Trial court would consider the said application afresh in accordance with law. However, orders of High Court and trial court dismissing the application under or. 18 r. 17 are affirmed.s. 151 - Inherent power of the court - Principles enunciated in various decisions of Supreme Court, summarised in the instant judgement - Evidence Act, 1872 - ss.3 and 8 - Information Technology Act, 2000 - s.2 (t).Order 18, Rule 17 - Application to recall a witness who has been examined - Exercise of power under Or. 18 r. 17 - Explained. EVIDENCE ACT, 1872: ss. 3 and 8 -"Evidence" read with "electronic record" defined in s. 2(t) of Information Technology Act - Connotation of - Conversation recorded in a Compact Disc - Admissibility of in evidence - Explained - Information Technology Act, 2000 - s.2(t). |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 243 |
Petitioner | K.k. Velusamy |
Respondent | N. Palanisamy |
SCR | [2011] 4 S.C.R. 31 |
Judgement Date | 2011-03-30 |
Case Number | 2795-2796 |
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