The rejection of the earlier Memo of the respondent filed for reserving his right to lead his evidence after the closure of the evidence of the defendant does not have any bearing on the request of the former to permit him to examine the attestor on the ground that he was not available at a time when his evidence was recorded. After all, the ultimate endeavour of the Court is to arrive at proper and correct conclusions on the issues arising before it. In a suit for recovery of money on the strength of a promissory note, the evidence of an attestor is very crucial. Such an important evidence cannot be shut out only on the ground of delay. I am therefore of the opinion that the order of the lower Court permitting the respondent to let in the evidence of one of the attestors of the suit promissory note does not suffer from any jurisdictional error calling for interference of this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.

The rejection of the earlier Memo of the respondent filed for reserving his right to lead his evidence after the closure of the evidence of the defendant does not have any bearing on the request of the former to permit him to examine the attestor on the ground that he was not available at a time when his evidence was recorded. After all, the ultimate endeavour of the Court is to arrive at proper and correct conclusions on the issues arising before it. In a suit for recovery of money on the strength of a promissory note, the evidence of an attestor is very crucial. Such an important evidence cannot be shut out only on the ground of delay. I am therefore of the opinion that the order of the lower Court permitting the respondent to let in the evidence of one of the attestors of the suit promissory note does not suffer from any jurisdictional error calling for interference of this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.

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APEX COURT DIGEST - Jan.2017 [6]

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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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