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NAVIN CHAWLA
Rajinder Lal Arora – Appellant
Versus
Monu Dhingra – Respondent
JUDGMENT
Navin Chawla, J. - This petition has been heard through video conferencing.
1. This petition has been filed by the petitioner challenging the orders dated 05.11.2020 and 06.02.2021 passed by the learned Additional District Judge-03, Patiala House Courts, New Delhi in Suit, being CS No. 839/2017, filed by the respondent no. 1 herein.
2. The Suit has been filed by the respondent no. 1 inter alia praying for a relief of declaration, mandatory and permanent injunction in respect of shop No. 45-A, Ground Floor, Khan Market, New Delhi, claiming the petitioner herein to be a licensee in the said shop.
3. The petitioner, on the other hand, filed his Written Statement denying such claim of the respondent.
4. Issues in the Suit were framed on 09.10.2018 and the parties were directed to file their list of witnesses within two weeks. A Local Commissioner was also appointed for recording of the evidence of the parties. The respondent no. 1 led his evidence and the same was closed on 21.12.2019. By the said order, the petitioner's evidence was also directed to be recorded before the Local Commissioner for which purpose the parties were to appear before the Local Commissioner and the Suit wa
The main legal point established is that repeated failure to avail opportunities to file evidence and lack of justification for delay may demonstrate an intent to delay the suit, leading to dismissal....
A party must adhere to procedural timelines, and repeated failures to comply without sufficient justification may result in the dismissal of their petitions and applications.
The court emphasizes the importance of timely submission of evidence and disallows late applications without satisfactory explanations, reinforcing the principle of expeditious trial in litigation.
Timely filing of evidence and relevance to the present suit are crucial in civil proceedings. Courts may impose costs for frivolous petitions and delays in the adjudication process.
The court emphasized that the closure of evidence should not be unduly harsh, especially when the delay was not intentional.
The court condoned a 61-day delay in filing an application and allowed the petitioner to present evidence to facilitate an expeditious resolution of the case.
Deliberate delay in adjudication can lead to the closure of the right to file a written statement.
A party must demonstrate diligence in presenting evidence, but courts may grant additional opportunities to file evidence in the interest of justice, subject to conditions such as the payment of cost....
The court emphasized the strict adherence to document filing rules in commercial disputes, denying late submission of documents without establishing reasonable cause for prior non-disclosure.
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