Evidence of plaintiff!
Suresh Babu Rai
(Querist) 01 February 2016
This query is : Resolved
In a suit for specific performance of agreement, the plaintiff has filed the suit against the defendants and during the course of trial he become bed-ridden on medical grounds and admitted in a hospital for more than two years. The court has commenced trail and the wife of plaintiff was examined as PW-1 and deposed the health condition of her husband. The PW-2 and 3 have attested the suit document and examined in chief and cross. The defendants also led their evidence.Finally the matter is posed for arguments. At this junction after laps of five years, the plaintiff cured and become competent to lead his evidence and filed a petition to reopen the matter praying to recall him in to the witness box by filing his examination in chief by way of affidavit. All the way other side is strongly opposing the matter and they have taken the plea in their counter that after laps of time and after closing the evidence by either side the plaintiff cannot be entitled to enter in to witness box. What would be the fate of the plaintiff !
V R SHROFF
(Expert) 01 February 2016
COURT WILL GIVE OPPORTUNITY TO LEAD EVIDENCE FOR JUSTICE. AS IT HELPS COURT DECIDE THE MATTER.
ORDER IS NOT PASSED, SO WILL BE ALLOWED.
Rajendra K Goyal
(Expert) 02 February 2016
The matter would be decided on merit and the plea of plaintiff seem to have merits. If not allowed go for appeal.
