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Abhijit ppp (no)     31 July 2013

Want to give more evidence after closing evidence.

Applicant filed divorce case in jan 08 on basis of cruelty. Filed evidence affdvt. in Jan 10.

Applicant closed his evidence after all procedure in Sept. 12 

Now in Aug 13 matter is pending for respondent's cross-exam. 

As an applicant, I want to give more evidence about cruelty happened from Jan 10 to till date.

How I can do that ? Shall I give supplementary affdvt.? OR modify original application?

what if judge not allowed me to do so?

Any case law....... PLS. HELP....... 



Learning

 2 Replies

niranjan (civil practice)     31 July 2013

Since the evidence of deft.has not yet started,you can give application u/s 151 of CPC to open your evidence on the ground of new evidence after closing your evidence.If the applicationis rejected you will have to prefer writ befrore HC.

Abhijit ppp (no)     02 August 2013

Thanks for your kind response.

u/s 151 any particular order/rule ? 

 


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