Without Partition By Metes And Bounds, Co-Sharer Cannot Seek Recovery Of Possession: Supreme Court Clarifies Limits Of Order VII Rule 7 CPC Supreme Court Holds Plaintiff Entitled To Declaration Of Title Over Undivided Half Share Despite Claiming Entire Property Under Gift Deed Supreme Court Reaffirms Legality Of Remainder Of Natural Life Sentences Without Remission, Dismisses Batch Of Writ Petitions 'State Cannot Take Advantage Of Its Own Wrong': Supreme Court Holds Promotees Entitled To Count Ad Hoc Service For Seniority If Within Quota 'Elevators Are Common Carriers, Entail Heightened Duty of Care': Supreme Court Upholds NCDRC Order Holding OTIS Principally Liable For Death Due To Malfunctioning Lift Supreme Court Dismisses Compensation Claim Under Motor Vehicles Act, Holds Reach Stacker Operating in Custom-Bonded ICD Area Is Not a "Motor Vehicle" Missing ACRs Due To Illegal Termination Cannot Block Higher Judicial Pay Scales: Supreme Court Grants Relief To Rajasthan Judicial Officer Subsequent Suit Generally Transferable To Court Where Earlier Suit On Same Subject Matter Is Pending: Allahabad High Court Successive Anticipatory Bail Maintainable Under BNSS If Fact Situation Changes Or Previous Findings Become Obsolete: Andhra Pradesh High Court Tenant's "Deemed Purchaser" Right Defeated By Retrospective Notification Under Section 88(1)(b) Of Tenancy Act: Bombay High Court Buyer Not Entitled To Refund Of Earnest Money Once Sale Deed Is Duly Executed Under The Agreement: Calcutta High Court Contradictory Pleas Vitiate Defence; Drawer Liable Even If Signed Blank Cheque Was Handed Over: Delhi High Court Working Mother's Relocation To Another City Not A Ground To Completely Deny Overnight Custody To Father: Karnataka High Court Civil Courts Barred From Granting Injunctions Against SARFAESI Actions Even If Partition Suit Is Maintainable: Kerala High Court S.147 NI Act Is A Special Law, Overrides S.320 CrPC; Offence Can Be Compounded At Any Stage Even After Dismissal Of Appeal: Madras High Court Appellate Court Can Allow Additional Evidence To Ensure Fair Adjudication Even If Not Produced In Trial: Madhya Pradesh High Court Police Can Freeze Bank Accounts Under Section 106 BNSS Upon Suspicion Of 'Proceeds Of Crime': Punjab & Haryana High Court

Recall of Witnesses Not Permitted to Fill Lacunas in Evidence Already Led: Delhi High Court Upholds Dismissal of Applications

07 May 2024 8:19 AM

By: Admin


The Delhi High Court, in a significant judgment delivered by Justice Shalinder Kaur, upheld the trial court's decision dismissing the applications for recall and review in a partition suit involving alleged benami transactions. The court emphasized that the applications appeared to be attempts to delay the trial without substantial justification, stating, "Recall of witnesses is not permitted merely to fill lacunas in evidence already led."

The controversy centers around a partition suit related to properties allegedly purchased through benami transactions, where the petitioner sought the recall of the respondent for further cross-examination and review of a prior order closing evidence. The trial court had dismissed these applications, noting them as dilatory tactics, a decision contested under Article 227 of the Constitution and various provisions of the Code of Civil Procedure, 1908.

The petitioner, Rajesh Dhamija, argued that the multiple changes in legal counsel, due to their non-residence in India, led to the need for recalling the plaintiff for a more thorough examination. The trial court had previously allowed the respondent's evidence to be concluded after repeated attempts by the petitioner to introduce new evidence and arguments, which were perceived as attempts to unduly delay the proceedings.

The High Court noted, "The application under Order XVIII Rule 17 sought to recall the respondent without any specific justification or new evidence that would warrant further examination."

Justice Kaur referenced previous judgments, explaining that the recall cannot be used to address any omissions in the previously conducted examinations or to introduce evidence that could have been presented earlier.

The court criticized the petitioner's conduct, stating that changing legal counsel and filing repeated applications adversely impacted the trial's progress and reflected poorly on the petitioner’s intentions.

Although recognizing the need for fairness, the court was compelled to impose costs on the petitioners for their frivolous applications, stating that such behavior cannot be allowed to impede the judicial process.

The Delhi High Court allowed the petitioner one final opportunity to lead their defense evidence, subject to a cost of Rs. 25,000. The court modified and set aside previous orders only to this limited extent, maintaining the trial court's position on the non-permissibility of recalling witnesses to fill gaps in earlier testimonies.

Date of Decision: May 06, 2024

Rajesh Dhamija & Ors. vs Inder Kumar Dhamija & Ors.

Latest Legal News