Right to lead evidence – Failure to lead evidence in several opportunities – Closure of defence

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Important point – Opportunity to lead evidence – Duty of the Court – Held – Ordinarily not more than three opportunities should be granted to either of the parties to lead evidence and in case, more opportunities are to be granted by the learned Courts, then reasons should be assigned by the Court as to why it is showing indulgence to the party concerned.

Constitution of India, 1950 Article 227 – Right to lead evidence – Failure to lead evidence in several opportunities – Closure of defence – Challenged – The Trial Court closed right of the defendant to lead evidence as he failed to lead evidence despite being granted eight opportunities – Held – No illegality in the order – Ordinarily three opportunities should be granted to either of the parties – In case more than three opportunities are being granted to a party to lead evidence, then there has to be a cogent reason assigned by the Court for showing indulgence and in case, the Court comes to the conclusion that there is no cogent reason for granting any further opportunity to lead evidence, then, the right of the party concerned to lead evidence should be closed – No merit in the petition – Petition dismissed. (Para 7, 9, 11)

 

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