[Omitted] Production of evidence not previously known or which could not be produced despite due diligence
Full Text
[Rule 17A omitted by the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999), s. 27 (w.e.f. 1-7-2002).]
Plain English Summary
Rule 17A, which previously permitted parties to produce evidence not previously known or unprocurable despite due diligence, was omitted by the CPC Amendment Act of 1999 to expedite civil trials.
Key Legal Elements
- Legislative Omission: Deleted w.e.f. 1-7-2002 to curb endless applications for additional evidence.
- Successor Legal Route: Additional evidence now routed strictly through inherent powers under Section 151 CPC as settled in K.K. Velusamy (2011).
Practical Note
Navigating the Deletion of Rule 17A: 1. Landmark Ruling - K.K. Velusamy v. N. Palanisamy (2011) 11 SCC 275: The Supreme Court held that the deletion of Rule 17A does not completely take away the power of the civil court to permit additional evidence before pronouncing judgment. In appropriate, bona fide cases where evidence could not be discovered earlier despite due diligence, the court can exercise inherent powers under Section 151 CPC to reopen evidence. 2. Correct Heading: 'Application under Section 151 CPC for reopening of evidence and permission to place on record newly discovered documents'.
हिंदी पाठ
[सिविल प्रक्रिया संहिता (संशोधन) अधिनियम, 1999 (1999 का 46) की धारा 27 द्वारा (1-7-2002 से) नियम 17क का लोप किया गया।]