difficult for them to establish the positive
case. Therefore, requested to reopen the evidence of plaintiffs,
recall P.W.6 and permit them to examine ... reopen. On
this ground alone, request of the learned counsel for the petitioner
MSM,J
CRPs_2627 & 2628_2019
9
to reopen the evidence
Section 151 of Civil Procedure Code with a prayer to reopen the evidence of PW 1 and to recall and permit PW 1 to mark ... Section 151 of Civil Procedure Code with a prayer to reopen the evidence of PW 1 and to recall and permit PW 1 to mark
difficult for them to establish the positive
case. Therefore, requested to reopen the evidence of plaintiffs,
recall P.W.6 and permit them to examine ... reopen. On
this ground alone, request of the learned counsel for the petitioner
MSM,J
CRPs_2627 & 2628_2019
9
to reopen the evidence
Vidur Impex And Traders Pvt Ltd And Ors. vs Pradeep Kumar Khanna And Ors. on
respondent contended that Section 151 cannot be used for reopening evidence or
for recalling witnesses. We are not able to accept the said submission ... that Section 151 of the Code cannot be routinely invoked
for reopening evidence or recalling witnesses. The scope of Section 151 has been explained
court to pass the required orders for
ends of justice to reopen the evidence for the purpose of
further examination or cross-examination or even ... specific provision in the
Code enabling the parties to reopen the evidence for
the purpose of further examination-in-chief or cross-
examination. Section
lacuna is
unsustainable and requested to quash the order under challenge, reopen
the evidence and summon the proposed witnesses for their examination.
8. During course ... posted for judgment, normally, the
Court cannot exercise power to reopen the evidence and summon the
witnesses since none of the provisions contained either
lacuna is
unsustainable and requested to quash the order under challenge, reopen
the evidence and summon the proposed witnesses for their examination.
8. During course ... posted for judgment, normally, the
Court cannot exercise power to reopen the evidence and summon
that section 151 of the Code
cannot be routinely invoked for reopening
evidence or recalling witnesses. The scope of
section 151 has been explained ... evidence is permitted and ultimately the court
finds that evidence was not genuine or relevant and did
not warrant the reopening of the case recalling
plea of being „won over‟ was belated and unsubstantiated; and that
reopening evidence at a late stage would cause further delay in a suit
instituted ... already experienced significant delays over the years.
It was emphasised that reopening evidence at such an advanced stage
would undermine the orderly conduct of proceedings
