M/S.BAGAI CONSTRUCTION THR. ITS PROPRIETOR MR. LALIT BAGAI versus M/S. GUPTA BUILDING MATERIAL STORE

M/S.BAGAI CONSTRUCTION THR. ITS PROPRIETOR MR. LALIT BAGAI versus M/S. GUPTA BUILDING MATERIAL STORE

Applications for recall of witness and production of documents by the plaintiff after conclusion of trial and final arguments are not permissible to fill gaps or overcome lacunae in pleadings and evidence, especially when the documents were available throughout the trial and there has been sufficient opportunity....

Source-derived case information.

Parties
Appellant: Bagai Construction through its proprietor Mr. Laut Bagai; Respondent: Gupta Building Material Store
Jurisdiction
India
Judgment Date
22 February 2013
Procedural Posture
Civil Appeal / Appeal From Order of High Court in Revision
Outcome
Appeal allowed
Legal Topics
Recall of Witness, Production of Documents, Abuse of Process, Trial Procedure, Inherent Powers
Civil Procedure Recall of Witness Production of Documents Abuse of Process Trial Procedure Inherent Powers

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Parties

Bagai Construction through its proprietor Mr. Laut Bagai

Appellant

Gupta Building Material Store

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of High Court in Revision

Legal Issues

  1. 1 Whether the plaintiff is entitled to file applications under Order XVIII Rule 17 r/w Section 151 CPC and Order VII Rule 14 r/w Section 151 CPC after the trial and arguments are concluded
  2. 2 Whether the applications were bona fide or intended to overcome lacunae in evidence

Ratio Decidendi

Applications for recall of witness and production of documents by the plaintiff after conclusion of trial and final arguments are not permissible to fill gaps or overcome lacunae in pleadings and evidence, especially when the documents were available throughout the trial and there has been sufficient opportunity. Exercise of power under Order 18 Rule 17 or Section 151 CPC should be sparing and based on compelling, bona fide reasons, which were absent here.

Court Disposition

Appeal allowed

Orders

  • Order of High Court dated 23.08.2011 set aside
  • Order of Trial Court dated 25.02.2010 restored