Karnataka High Court Grants Defendants Opportunity to Lead Evidence in Land Partition Suit”

In a significant legal development, the Karnataka High Court, presided over by The Hon’ble Mr. Justice S.G. Pandit, has granted defendants in a land partition suit the opportunity to lead their evidence. The court’s decision came in response to an application filed under Section 151 of the Code of Civil Procedure, 1908 (CPC), seeking to reopen the stage for defendants’ evidence.

The suit in question involved a dispute over the partition and separate possession of properties, with the defendants contending issues related to Will and Adoption. The trial court had denied the defendants an opportunity to present their evidence, leading to the legal challenge in the high court.

In its observation, the court highlighted the fundamental principle of justice, stating, “No party or litigant shall go out of the Court under the impression that he has not been provided sufficient opportunity to put forth his case or to defend his case.”

The court further emphasized the importance of ensuring that all parties receive fair opportunities to present their arguments in a legal dispute. The judgment underscored the need for a balanced and equitable legal process.

Consequently, the Karnataka High Court set aside the impugned order dated October 31, 2023, and allowed the application to reopen the stage for defendants’ evidence. The defendants were granted permission to lead their evidence within a stipulated timeframe of 15 days.

This ruling reflects the court’s commitment to upholding the principles of justice and providing all parties in a legal dispute with a fair chance to make their case. It serves as a reminder of the importance of due process and equitable treatment within the legal system.

Date of Decision: November 29, 2023

NINGAMMA VS RI. BASAVARAJU