Closure of evidence for respondent - reg.

Vasudevan (Querist) 20 June 2023 This query is : Resolved
Sir, in a given case, the Hon'ble trial court has made a narration that "Respondent side evidence, petitioner counsel present Respondent counsel present at request on perusal of document entry from 22/11/2022 posted for Respondent side evidence till date. Respondent side not ready to submission of evidence sufficient chances granted not utilized Hence Respondent side evidence chance closed posted for argument". Now the Respondent has filed a proof affidavit under CPC 152. There is no prayer to set aside the closure of Respondent side evidence. Whether it can be claimed as perjury and whether the court can dismiss the proof affidavit based on the perjury? I am the petitioner and party in person. Hence I pray the Learned Experts to guide me in the matter. Thank you to all in anticipation.

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The trial court has closed the respondent's evidence due to a lack of readiness, despite multiple opportunities. The respondent has now filed a proof affidavit, but without a specific request to reopen their evidence. The petitioner, acting as a party in person, is seeking advice on whether this constitutes perjury and if the court can dismiss the affidavit on that basis, especially since the case is already scheduled for arguments.

Isaac Gabriel (Expert) 23 June 2023
Already posted for Argument.Therefore, further steps will folow in the given circumstances.

Vasudevan (Querist) 23 June 2023
Much obliged by the response of Learned Expert Shri Isasc Gabriel.

T. Kalaiselvan, Advocate (Expert) 25 June 2023
As the court has closed respondent side evidence, if the petitioner is desirous of letting in his side evidence, then he has to file a to reopen respondent side evidence, once the reopen petition is allowed then he will be permitted to let in his side evidence.

Vasudevan (Querist) 25 June 2023
Much obliged by the response of Learned Expert Shri T. Kalaiselvan for his detailed and self speaking reply.

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