Consumer Protection Act,1986
V K Khanna
(Querist) 20 June 2009
This query is : Resolved
Evidence is closed of both sides. Cross examination is over of both sides. Hearing has started. The matter is argued and completed by Complainants and Opposite Party(OP) No.1.
OP2 was to argue but OP3 submits a petition for fresh evidence and desires stay in the hearing till expert advice is received by court.
Is it permissible under the law if not any ruling on the matter. If anyone can guide.
V K Khanna
Jayashree Hariharan
(Expert) 20 June 2009
Evidence cannot be re-opened, once evidence of all sides have closed. Further, arguments have also started. so at this stage, there cannot be reopening, unless the Court deems it necessary, for the purposes of the case. But the re-opening is rarely allowed.
Kiran Kumar
(Expert) 20 June 2009
one thing u must also know that the proceedings under the consumer protection act are summary in nature thus the strict principles of CPC dont apply.
so if the additional evidence is necessary for the just decision of the matter then i opine the application can be allowed, but such order has to be exceptional one.
Uma parameswaran
(Expert) 21 June 2009
Normally reopen petitions would not allow by consumer forum.If the petition is not heard you can go for an appeal.