SETTLEMENT OF ISSUES Stress on framing correct issues—The trial of a suit falls into two broad divisions—the first leading up to and including the framing of issues and the second, consisting of […]
If appellate Court allowed adducing additional evidence, the trial Court cannot deny such a party from adducing evidence
SHRI RANJIT KUMAR SARKAR AND OTHERS Vs. SHRI HIRALAL SARKAR AND OTHERS – The appellate Court allowed the parties to adduce evidence on the additional issue, no further application either by the plaintiff or by the defendant is required for recalling a witness. Trial Court would accept the evidence in examination-in-chief as additional evidence, particularly, to depose on the additional issue framed. – GAUHATI HIGH COURT [ 04-04-2012 ]
Application for additional issue if moved at belated stage is no ground to decline if the fact is not disputed
SMT. KRISHNA KANWAR AND OTHERS Vs. SATYA PAL SINGH CHAUHAN (SINCE DECEASED) THROUGH HIS LRS AND OTHERS – As it is the duty of the Court to frame the proper/specific issues on all the points raised in the pleadings. Even if a party could not press for an issue at the initial stage that party is not debarred from claiming of framing an additional issue at the later stage – PUNJAB AND HARYANA HIGH COURT [26-04-2016]
