Smt. Seema vs Pramod on 22 April, 2016
6 Although, the orders passed by Ld. Trial court cannot
be termed as illegal or irregular on technical basis but the purpose
of the law is to meet the ends of justice and the technicalities of law
must not come in the way of substantive justice. Clearly, several
opportunities have been given to the petitioner to lead her
evidence but petitioner failed to lead her evidence but in my
opinion, there is requirement of providing further opportunity to
the petitioner to prove her case in the interest of justice. Moreover
no prejudice shall be caused to the respondent as they will have the
CR No. 212/3/15 Seema vs. Pramod & Ors PAGE No. 3/4
opportunity to rebut the testimony of complainant/petitioner by
conducting crossÂexamination or by leading their own positive
evidence. At the same time, in view of the conduct of the petitioner
before the ld. Trial court, I am of the view that she is liable to be
burdened with cost as she failed to lead her evidence despite
various opportunities.