Application at the stage of evidence
Querist :
Anonymous
(Querist) 27 November 2011
This query is : Resolved
can any application be entertained by trial court at the stage of PE .
can any application be entertained by trial court if the matter is put up for adducing evidence
Any case law
Devajyoti Barman
(Expert) 27 November 2011
What do you mean by PE.
If you mean to say PH-Pre-emptory hearing then if the evidence has not started then it is possible depending upon the nature of application.
For example petition for amendment is not permissible if evidence has started.
Querist :
Anonymous
(Querist) 27 November 2011
Sir an Interim order was passed an year ago now the matter was fixed for Plaintiff evidence at this stage can the defendent move an application and can it be maintanable
prabhakar singh
(Expert) 27 November 2011
Along with stage of suit you should have also told about the very nature of the application moved,other wise to say a strait no would be a bad view in my opinion.
prabhakar singh
(Expert) 27 November 2011
Along with stage of suit you should have also told about the very nature the application moved,other wise to say a strait no would be a bad view in my opinion.
prabhakar singh
(Expert) 27 November 2011
oh! server why you repeated my post????
Raj Kumar Makkad
(Expert) 27 November 2011
It increased the no. of posts of prabhakar singh ji and moreover allegation upon server also increased one more. Wah wah kya baat hai.......Its a gud trick.
Anyway, Mr. Author! Defendant can move application for even seconds prior to pronouncement of judgment what to talk of plaintiff evidence. It is upon the court to admit it or not but the right of defendant cannot be snatched from him.
As you have not mentioned much about the nature of application, nothing definite can be commented and so no desired citation can be provided to you.
Ask with clean hands, get reply accordingly.
Querist :
Anonymous
(Querist) 27 November 2011
Sir the application is for setting
asside interim order .
prabhakar singh
(Expert) 27 November 2011
Thank you for advancing my technical knowledge dear makkad.So this is why you make several post just on one query.i marked many like you scoring above 7 scores just on one post.
I told you last time to gift my all points to you unconditionally.
What benefit of these points are going to give me personally where i am from an area where not even advocates have net,what to talk of villagers poor clients.
"no name no fame no advertisement"
no body knows my role on this site. hopefully there is no other advocate of my district on this site!
Just think what shall i do of these points.
you do not know me. i am much above of these things.
Raj Kumar Makkad
(Expert) 28 November 2011
Prabhakar singh ji! I shall be obliged if you tel more about you. Though your act and conduct is some how sufficient to tel about you but still various aspects of your life are still required to be known so that I may change my behavious, if it has pinched to you. I have no personal grudge against you.
So far points are concerned, I am in position to gift to you even, if required. If subsequent query is raised by author, it requires subsequent reply from us so it can be provided but it is seen various times that some experts even make subsequent replies just for distributing certificate to some other expert (this post is for............), What does it mean? If I cannot reply, I should keep mum and should not post anything but generally we write ..........shall come and reply. does .......requires our support?
I do admit that recently I have also change my way of replying at par with you. If we both decide to respect each other and adopt proper way of replying a query once then I am ready to follow you all the times. You are senior and genious and making a lot of labour in this age especially from a remote area so your efforts really a proud for all of us as well as to this site.
I tender my unconditional apology on this public platform for all the sins/mistakes,I might have committed knowingly or unknowingly against you.
Raj Kumar Makkad
(Expert) 28 November 2011
Interim application which had already been decided by court, cannot be agitate before same court again.
Querist :
Anonymous
(Querist) 28 November 2011
Thanks a lot Sir for your reply
Sir one more request
For arguments any case law or citation or reference
M/s. Y-not legal services
(Expert) 28 November 2011
dear makkad sir, and prabhakar sir, if you fighting like this mean i will over take both of you.. by you traffic got jammed..
ha ha ha............
V R SHROFF
(Expert) 28 November 2011
Any Application can be entertained at any stage. It is for O/S to object, and Court to decide & either allow or reject.
It must be before Judge announces operative order /or sign the judgement/order.
That there is a bar to alter or review its own Judgment or Order under Cr.P.C.
[Supreme Court 2001 vol 1 Pg 169]
I wonder u top 10 seen 3,1, 4 & 3 times in same query,
PS, Pl Let us know abt u. y not?
