Camil vs. Podimenike – sllr 2012 volume 1 page 190

In the case between Camil (respondent) and Podimenike (petitioner), the court addressed the issue of whether a judgment can be properly pronounced based solely on observations from a judicial scene inspection without agreement by the parties, and whether the disallowance of the defendant’s opportunity to call witnesses after such an inspection amounted to a miscarriage of justice. It was held that scene inspection observations cannot replace substantive trial evidence unless expressly so agreed by both parties, and that a fair trial requires that parties have a full opportunity to present their evidence. The principle was reaffirmed that exceptional circumstances must exist to justify the exercise of revisionary jurisdiction under Section 754 of the Civil Procedure Code, particularly where