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Supreme Court of India· 14 August 2026

Could the appellant reopen, under Section 60 of the Indian Evidence Act, 1872, the question of admissibility of oral evidence already settled by this Court's final order?

RELIANCE INDUSTRIES LIMITED v. NTPC LIMITED
2026 INSC 862 · SLP (C) No. 23417 of 2024
Coram: Pamidighantam Sri Narasimha; Alok Aradhe
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Answer

No. This Court declined to revisit its judgment dated 28th February 2019 merely because Section 60 of the Indian Evidence Act, 1872 was invoked afresh, and held that the High Court had correctly applied the mandate of that judgment to the Evidence Affidavits.

Headnote

Indian Evidence Act, 1872 — Section 60 — res judicata — oral evidence — Evidence Affidavits — costs — res judicata — finality — Section 60 — Held: This Court's judgment dated 28th February 2019 restricting oral evidence about internal communications already excluded from the Evidence Affidavits had attained finality and bound the trial court, which could not reopen the issue by an indirect method. (¶13-14) Evidence Affidavits — internal e-mails — oral evidence — Held further: Applying that mandate, the High Court rightly retained portions of the affidavits reflecting the witness's perception of correspondence while redacting portions that would bring the contents of internal e-mails on record indirectly. (¶14, ¶16, ¶19) finality — costs — Held further: Having already settled the scope of admissible oral evidence in 2019, this Court declined to revisit that judgment, upheld the High Court's redaction, and dismissed the appeal with costs of Rs. 10 lakhs for prolonging a two-decade-old suit. (¶20, ¶23)

In the Court's own words
Paragraph 19Having considered the matter in detail, we are of the opinion that High Court has neither committed any error in understanding the directions of this Court nor in applying its mandate to the 1st and 2nd Evidence Affidavits.
Paragraph 20Before us, an attempt was made to reopen the whole issue by referring to Section 60 of the Indian Evidence Act, 1872, qua leading oral testimony and it was also submitted that the High Court had exceeded its jurisdiction in redacting certain portions of the affidavit. This is exactly the argument that was advanced before this Court, and having considered the matter in detail, the Court issued directions that we have extracted for ready reference and also restated them for clarity. We are neither in a position to revisit the judgment and order passed by this Court on 28th February, 2019, nor inclined to do so. Suffice it to say that the High Court was fully justified in arriving at its conclusions. We have no hesitation in upholding the judgment and order of the High Court.
Acts & Sections
Indian Evidence Act, 1872

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Also decided in this judgment
Whether the High Court, in giving effect to this Court's earlier judgment restricting the oral evidence that could be led from the Evidence Affidavits, was bound by that judgment as res judicata?Did the redaction exercise undertaken by the High Court correctly distinguish between the fact that internal discussions took place and the contents of the internal e-mails recording those discussions?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections