Unless exceptional or extraordinary circumstances arise no application should be entertained once trial is concluded

Orissa High Court: A Single Judge Bench of Dr A.K.Rath, J., dismissed the petition that was filed against an order of the trial court which rejected the application of the plaintiff to mark the documents as exhibits after closure of evidence.

Brief facts of the case are that the petitioner instituted a suit for partition. Thereafter the litigation started. After the closure of evidence, the plaintiff filed an application to exhibit a letter which they considered cardinal in the present litigation. The same was rejected which led to the present writ petition. Mr Udgata, counsel for the petitioner submitted that the convention that no application should be entertained once the trial or hearing is concluded and the case is reserved for judgment is not a straitjacket formula and if in the interest o justice it should be allowed. The counsel for the other party argued that the documents were no way connected to the present suit thus the application should not be allowed.

The Court dismissed the petition stating that there was no exceptional or extraordinary circumstance to admit the documents as exhibits. The documents were not relevant to the matter in issue and the application was filed to cover up the lacunae. [Binod Kishore Mohanty v. Hiramani Mohanty,2018 SCC OnLine Ori 427, decided on 12-12-2018]

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