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Biraji @ Brijraji & Anr. v. Surya Pratap & Ors.

Civil Appeal · 2020 INSC 626Decided 3 Nov 2020
Civil Appeal Nos. 4883-4884 of 2017
Justice Ashok Bhushan · Justice R. Subhash Reddy · Justice M.R. Shah

Background

The appellants (plaintiffs in an original suit) sought to cancel a registered adoption deed executed by their late father in favour of the first defendant, claiming the adoption ceremony never properly took place. After evidence in the suit had already closed and the matter was listed for final arguments, the plaintiffs filed belated applications to summon military leave records to show that a key witness (the second defendant's father) was on duty on the date of the alleged adoption ceremony. The trial court dismissed these applications as belated and unsupported by any pleading, and this was upheld by the Revisional Court and the Allahabad High Court.

Decision Breakdown

The Supreme Court held that allowing evidence to be introduced on a point never pleaded in the suit, especially at such a late stage after evidence had already closed, was rightly refused, since it is well settled that no amount of evidence can substitute for a missing pleading. The Court also noted that the adoption ceremony's date was known to the plaintiffs from the outset (it was stated in the deed itself), so there was no justification for raising the issue only belatedly, and that the plaintiffs' conduct, despite High Court directions for expeditious disposal, showed an attempt to protract the litigation. The appeals were dismissed with no order as to costs.

Lesson Learnt

A litigant cannot wait until after evidence has closed to introduce a new factual argument that was never raised in the pleadings: courts will reject late attempts to reopen a case on points the other side had no earlier opportunity to meet.

Official source (sci.gov.in)View Judgment (PDF)

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