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AIR 2013 SUPREME COURT 1849 ::2013 AIR SCW 1564
Supreme Court Of India
(From : Delhi)
Hon'ble Judge(s): P. Sathasivam, Jagdish Singh Khehar , JJ

(A) Civil P.C. (5 of 1908) , O.7 R.3, O.18 R.17— Production of additional document and recall of witness - Permission for - Suit for recovery of money - Plaintiff supplier of building material to defendant - Bills sought to be produced though mentioned in statement of account and in exclusive possession of plaintiff not placed on record - Not even placed on record during trial - Application to produce bills made after conclusion of evidence and final arguments - Is in fact an endeavour to overcome lacunae in plaint, pleadings and evidence - Cannot be allowed - Application cannot also be allowed under S. 151. C. M. (M) No. 707 of 2010, D/- 23-8-2011 (Del), Reversed. (Para 11 12) (B) Civil P.C. (5 of 1908) , O.18 R.4, O.18 R.17, O.17 R.1— Constitution of India , Art.21— Civil suit - Recording of evidence - Ought to be continuous - Followed by arguments and decision - Adjournments, reopening and recalling of witnesses - To be allowed only in compelling circumstances. (Para 12) .....

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