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TUSHAR RAO GEDELA
Mukesh Kumar – Appellant
Versus
Mohd. Jamal – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 8599/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 275/2023 & CM APPL. 8598/2023 (for stay)
3. Petitioner challenges the order dated 01.02.2023 passed in RC ARC 80482/2016 titled as "Sh. Mohd. Jamal Ors. vs. Mukesh Kumar", whereby the learned Trial Court has rejected the application under Order 18 Rule 17 of the Code of Civil Procedure, 1908, filed by the petitioner/ tenant on the ground that ample opportunities in the past to lead evidence had been granted to the petitioner/ tenant which were not availed of.
4. Mr. Kunal Kalra, learned counsel appearing for the petitioner submits that the learned Trial Court has not considered the fact that since 2015 for one reason or the other, the matter were getting adjourned either on the basis of adjudication of an application or due to the absence of the learned Presiding Officer.
5. Learned counsel submits that no doubt that the learned Trial Court had already given an opportunity in exercise of jurisdiction under Order 18 Rule 17 on one occasion before the imp
The need for expeditious proceedings and the direction to afford one opportunity for recording evidence of a witness, subject to conditions.
The right to lead evidence in civil proceedings is fundamental and should only be forfeited for significant reasons, especially when delays are due to unavoidable circumstances.
The right to lead evidence is a valuable vested right, and substantial justice should inform the approach of the court in granting opportunities to lead evidence.
Courts may dismiss petitions due to lackadaisical conduct and unsubstantiated reasons for delay in filing evidence.
Procedural rules should facilitate justice; denying a party the opportunity to present evidence obstructs the cause of justice.
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