Alok Tholiya (self employed) 23 August 2011

Leading additional evidence

One of my tenant lost case in trial court on the ground of non user. In appeal court he has filed for leading additional evidence.

1. Can one do so?? He has not given any reason as to why this is required and why he shud be given this extra ordinary relief?

2. I think he is buying time. Shall we allow that application to save time as even if we oppose court is likely to give favourable order to him as this adocate Divyakant has well estabilished relations. He does not fight on law but on loopholes of law.

3. When the matter gors to trial court ( Mumbai) (small causes court) how much time court may take?

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Shastri J.K. (Practice in The High Court of Chhattisgarh) 23 August 2011

Without any reason application for additional evidence can not be allow.If appellet court has not stayed judgment of trial court ,u may filed application for execution.

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Alok Tholiya (self employed) 24 August 2011

They had obtained stay order. Then did not file enclsures/ exhibits for six monthe. Then obtained order for mense profit as Rs 1000/- p.m for a self attched room in pucca RCC building in a very important locality , facing highway in santacruz east, As per first page main article in Times of India rent in slums for one room isRs. 10000/- pm .

Then they did not pay mesne rent for months and then asked for condonation for delay. Court gave same. Then again they did not deposit rent for months and again asked for condonation and again got it.

Finally as another delay tactics Ad Divyakant Mehta well known for not law points but good connections who is costliest advocate in small causes court has filed an application additional evidence . If we oppose then arguments will delay the matter. Finally we think he will be able to get order in his favour. Then matter will go to trial court. Again delay. Then ....it will go on. I dont know how to deal with such Advocates who can swing things????