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(2023) Law Today Live Doc. Id. 17426 = 2023(2) L.A.R. 547
Decided on: 02.01.2023
For Petitioner(s):
Mr. Mukul Rohatgi, Sr. Adv. Mr. K V Viswanathan, Sr. Adv. Mr. Gautam Talukdar, AOR Mr. Simranjeet Singh, Adv. Mr. Umang Verma, Adv. Mr. Navjot Singh, Adv. Mr. Rahul Sangwan, Adv.
For Respondent(s):
Mr. Pradeep Rai, Sr. Adv. Ms. Jyoti Zongluju, Adv. Ms. Rajshree Rai, Adv. Mr. Vinay Kumar Rai, Adv. Mr. Babanjit Singh Mew, Adv. Mr. Arnav Mittal, Adv. Ms. Banshika Garg Adv. Ms. Ritika Gaur, Adv. Mr. Shashank Rai, Adv. Mr. Aishwarya Pratap Shahi, Adv. Mr. Sandiv Kalia Adv Mr. V G R Achary Adv Dr. Sushil Balwada, AOR
Code of Civil Procedure, 1908 (V of 1908), Order 18 Rule 2 -- Election petition – Closing of defence evidence – Vital witnesses -- Defence evidence directed to be closed on the ground that all the witnesses or their evidences-in-chief in affidavit forms were not produced within the time prescribed by the Court – Argued that defence witnesses who are left out are vital witnesses – In the interest of justice, two weeks’ time extended to enable the petitioner to produce all the witnesses or their evidences-in-chief by affidavits before the High Court.
(Para 1, 2)
ORDER
1. Heard Mr. Mukul Rohatgi, learned senior counsel appearing for the petitioner and Mr. Pradeep Rai, learned senior counsel appearing for the respondents (election petitioners). The grievance of the petitioner arises from the order(s) of the High Court by which the defence evidence has been directed to be closed on the ground that all the witnesses or their evidences-in-chief in affidavit forms were not produced within the time prescribed by the Court.
2. Under normal circumstances, we would have declined to interfere with the order(s) assailed in these petitions but it has been argued before us by Mr. Rohatgi, that the defence witnesses who are left out are vital witnesses and in the interest of justice, we extend two weeks’ time from today to enable Mr.Rohatgi’s client to produce all the witnesses or their evidences-in-chief by affidavits before the High Court.
3. No further time shall be extended and this extension of time shall be uptil 16.01.2023.
4. With these directions, the present petitions are disposed of.
5. Pending application(s), if any, shall stand disposed of.
Order accordingly.
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