Bombay High Court Goa assesses the evidentiary value of attorney’s testimony in case
Title: Ramchandra v. Vijaya Educational Trust
Decided on: August 4, 2023
Citation: 2023 SCC OnLine Bom 1629
CORAM: HON’BLE JUSTICE M.S. SONAK
Facts of the Case
The case involves issues regarding change in attorney. Mr. Pereira is now the attorney who substituted Suresh Chari, the earlier attorney of the Devasthan. He cannot depose any further in the matter due to ill health. Mr. Pereira is now demanding an opportunity to substitute the evidence submitted by the present attorney of the Devasthan. They argue that the substitution requested for should have been permitted in the interest of justice and fair opportunity. However, the opposition argues that the evidence tendered by Suresh Chari cannot simply be discarded. It is proposed that the evidentiary value of such evidence can always be looked into at the stage of the final hearing in the suit. However, by adopting the substitution mode, the evidence already tendered by Suresh Chari cannot be struck off of the record.
Court Analysis and Judgement:
The court held that the application was supported by medical certificates, discharge certificates, etc., from Goa Medical College and private doctors. There is no good reason to reject all such material and the statements made in the Petitioner’s application based upon such material. The court held that the evidence of Suresh Chari should not be discarded or struck off of the record. The issue of the evidentiary value of Suresh Chari’s deposition can always be left open for consideration by the trial Court at the final hearing of the suit. But Suresh Chari’s testimony cannot be either discarded or struck off the record. The Petitioner was however granted the liberty to examine its present attorney. At the same time, Suresh Chari’s deposition will be retained on record, and both parties will have the opportunity to argue on the evidentiary value of such testimony at the stage of the final hearing of the suit.
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Written by- Reema Nayak
