Beni Lal vs Polc Gurgaon And Anr on 20 August, 2015
No doubt the provisions of Section 36(4) of the Act,
are mandatory in nature but the fact remains that as per ratio
decidendi culled out by the Full Bench of this Court in Indrasan
Parsad Vs. Presiding Officer and another 2008 (1)SCT 522 that
consent of party must be specific and the leave by Court is to be
sought at the beginning of proceedings so that there remains no
ambiguity, however, impugned order suffers from illegality as trial
court remained oblivious of provisions of Section 36(4) of the Act.