Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908- Or. 7 r. 14 r/w s. 151 and Or. 18 r. 17 r/w. s. 151 - Applications under - By the plaintiff - To place documents on record and to recall witness to prove those documents - Filed after the arguments were over and case was adjourned for judgment - Held: The power under Order 18 r. 17 has to be sparingly exercised and not as a general rule to overcome lacunae in the plaint, pleadings and evidence - Therefore the applications are liable to be rejected - The plaintiff filed the applications to improve its case - The plaintiff did not file those documents at earlier stage despite the same were available with him throughout the trial - Therefore, the applications cannot be allowed even by exercise of jurisdiction u/s. 151Respondent filed a recovery suit against the appellant. After the arguments were concluded and the case was adjourned for judgment, he filed two applications u/Or. 7 r. 14 r/w s. 151 CPC and u/Or. 18 r. 17 r/w s. 151 CPC for production of documents (Bills) and recalling the witness to prove those documents respectively. Trial court dismissed the applications. High Court, in revision, set aside the order of trial court and allowed the applications. Hence the present appeal. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 121 |
Petitioner | M/s.bagai Construction Thr. Its Proprietor Mr. Lalit Bagai |
Respondent | M/s. Gupta Building Material Store |
SCR | [2013] 2 S.C.R. 116 |
Judgement Date | 2013-02-22 |
Case Number | 1787 |
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