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may 2010

Supreme Court of India · 2010-05-06

Amrit Lal Kapoor & Anr vs Kusum Lata Kapoor & Ors

Citation / case number
AIR 2010 SUPREME COURT 2733
Court
Supreme Court of India
Petitioner
Amrit Lal Kapoor & Anr
Respondent
Kusum Lata Kapoor & Ors
Author
T.S. Thakur
Bench
T.S. Thakur, Aftab Alam

Judgment text excerpt

The Supreme Court held that the closure of evidence by the trial court was unjustified as it failed to consider the circumstances preventing the witness, Shri Ashwani Kumar Kapoor, from appearing due to official duties. The Court emphasized the importance of allowing parties to present their evidence, particularly when a witness's absence is due to circumstances beyond their control. The appeal was allowed, and the order of the High Court affirming the trial court's decision was set aside, thereby reopening the evidence for the defendants-appellants.

Amrit Lal Kapoor & Anr vs Kusum Lata Kapoor & Ors · Niyam