can leading evidence be dispensed with?
Querist :
Anonymous
(Querist) 26 August 2010
This query is : Resolved
Facts of the case are as under:
Plaintiffs filed suit to remove certain tresspassers from premises owned by them.
Preliminary decree is passed stating that Defendants have no right in the suit premises. At that time, defts say they have sub-let the premises to some other people (their own put up parties) and therefore cannot give vacant possession to the plaintiffs.
These other people are added to suit as additional defendants.
These new defendants file written statements basically saying that they have leave and licence agreements with the original defendants. They admit they have never had any agreement with any of the plaintiffs.
Plaintiffs case is that it is clear that the original defendants had no right to the suit premises and no right to enter into any leave and licence agreements with anybody regarding the suit premises, so the additional defendants also have no right to remain in the suit premises.
My question is that this is basically a question of law that has to be decided by the court. The facts of the case are not disputed.
Is it necessary or compulsory for the new defendants to be allowed to enter the witness box and lead evidence in the matter? Since the facts of the case are not disputed, can leading evidence in the matter be dispensed with and the suit directly proceed for arguments, in the interest of expediting the matter?
s.subramanian
(Expert) 26 August 2010
Yes. Oral evidence can be dispensed with since the issue relates only to the legal validity of the deeds executed by the original defendants.
Querist :
Anonymous
(Querist) 31 August 2010
Thank you.
If possible, can you please give me a citation/rule to this effect.
