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TMI Blog1965 (7) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... ot executed in the circumstances stated by the plaintiff, and that it was not supported by consideration. Naturally, the plaintiff had to prove execution, and the defendant had to establish want of consideration. Appropriate issues were framed. On 8-4-1964, the trial of the suit commenced, when P. W. 1 was examined and the evidence on his side was closed, reserving his right to adduce rebuttal evidence on the issue relating to absence of consideration. After some adjournments, the suit was posted to 4-7-1984 for the evidence of the defendants. On that day, the plaintiff and his Advocates were absent, but the Advocate for the defendant was present with only one witness, who was examined in chief. On that day, the case was passed over once be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case also did not warrant it. He also contended that in view of Order 18, Rule 17 C. P. C., Section 151 C. P. C. could not be invoked. The argument of the learned counsel was that Order 18 Rule 17 provides for a situation like the present one, and Section 151 cannot be invoked. To my mind, this argument cannot be accepted. Order 18, Rule 17 is in the following terms: "The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit." A close reading of this Rule makes it obvious that the right under that Rule to put questions at any stage of a suit, or recall any witness for that purpose, is given to the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g continues. I shall now examine the validity of the respective contentions. 8. There is an unwarranted practice obtaining in some of the subordinate Courts, which is evidently adopted in this case, of treating the completion of the evidence as closing of the trial, and hearing arguments as a separate stage of the trial, and that a prayer for examining any witness or receiving a document after closing of the evidence, though it be before or during hearing the arguments, requires a re-opening of the trial. In fact, it is on that assumption that the plaintiff in his petition, apart from requesting for an opportunity to examine D. W. 1 and adduce further evidence also prayed for reopening of the trial. This is not correct. 9. Hearing argumen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents. Order 14 lays down the procedure for settlement of issues and determination of suit on issues of law or on issues agreed upon. Order 15 provides for a disposal of the suit at the first hearing. 11. Order 15, Rule 1 states, "where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the Court may at once pronounce judgment." 12. Order 15 Rule 3 reads thus: "Where the parties are at issue on some question of law or of fuel, and issues have been framed by the Court as hereinbefore provided, if the Court is satisfied that no further argument or evidence that the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts alleged by the defendant, the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant has the right to begin. 2. (1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove, (2) The other party shall then state his case and produce his evidence (if any) and may then address the Court generally on the whole case. (3) The party beginning may then reply generally on the whole case. EXPLANATION: Nothing in this rule shall affect the jurisdiction of the Court, for reasons in be recorded in writing, to direct any party t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he judgment, or when the suit is posted for judgment where it is reserved. In cases, therefore, where the suit has not been posted for judgment, but is posted for hearing arguments of one side or the other, it should be remembered that the hearing of the suit is not concluded, though the recording of evidence might have been finalised by both the parties. In such cases, either party is not precluded from making a request for examination of additional witnesses, or making documents, merely on the ground that the trial is closed and the matter is posted for arguments, whether the request should be granted or not, is however a matter to be decided on its merits, bearing in mind the fact that it is belated. 18. I am supported in this view by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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