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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Youth Hostels Association of India – Appellant
Versus
Dr Harish K Saxena & Anr. – Respondents
CM(M) 419 of 2023
Decided On : 16-03-2023
Exemption - Interim Relief - The court allowed exemption subject to all just exceptions and corrected the impugned order by expunging a specific paragraph that made factual observations, which was deemed impermissible and biased towards one of the parties.
Fact of the Case:
The court corrected an impugned order that made factual observations on the merits of the evidence, which was deemed impermissible and biased towards one of the parties.
Finding of the Court:
The court found that the impugned order needed correction as it made impermissible factual observations, which could bias one of the parties.
Issues: The issues revolved around the impermissible factual observations made in the impugned order and the correction required to ensure fairness and impartiality.
Ratio Decidendi: The court decided to expunge a specific paragraph from the impugned order that made impermissible factual observations, emphasizing the need for fairness and impartiality in the proceedings.
Final Decision: The court disposed of the petition with no order as to costs and corrected the impugned order by expunging the specific paragraph that made impermissible factual observations.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 12581/2023 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 419/2023 & CM APPL. 12580/2023 (Interim Relief)
3. With the consent of the parties and also keeping in view the fact that the learned Trial Court has made observations on the merits of the contents of the evidence by way of the affidavit, by categorising those paragraphs as explanation to several aspects of the suit, simultaneously also observed on the basis of judgments, that the paragraphs which do not form part of the pleadings can be eschewed and expunged at the stage of cross examination or even at the later stage when an objection to that extent is taken by the parties, the impugned order needs to be corrected. If the learned Trial Court was of the opinion that the petitioner had opportunity in law to object and question the paragraphs which were alleged to be beyond pleadings, then it could have simply noted the same and proceeded with cross examination, without commenting or making observations on the merits of such paragraphs. The moment learned Trial Court made factual observations, it would tend to bias one of the parties, which is impermissible. The contradiction is apparent on the face of it and cannot be sustained in law.
4. Accordingly, para 8 of the impugned order dated 28.02.2023 passed in CS SCJ No. 56685/2016 titled "Harish K. Saxena Vs. Youth Hostels Association of India & Anr." is expunged from the impugned order leaving the other paragraphs of the impugned order intact.
5. Needless to observe that the petitioner/defendant has indelible rights to put all questions relatable to the affidavit whether arising from the petition/suit or those paragraphs alleged to be beyond the pleadings and the Trial Court shall note the same and deal with such objections at the stage of final hearing.
6. The petition is disposed of with no order as to costs.
The main legal point established in the judgment is the impermissibility of making factual observations that could bias one of the parties, emphasizing the need for fairness and impartiality in the p....
The admissibility of evidence beyond the pleadings and the right to raise objections and contentions during the recording of evidence.
The court emphasized the importance of allowing the petitioner's counsel to raise objections and held that completely rejecting the evidence of a party was not the correct procedure to follow in law.
The court clarified that objections to evidence admissibility should remain open for the trial court's final adjudication, emphasizing the importance of procedural compliance.
The court emphasizes the importance of imposing costs to ensure fairness in civil proceedings, modifying previous orders to enhance justice.
The court emphasized the importance of adhering to procedural timelines and the rights conferred upon the parties under the Commercial Courts Act, 2015 and the Civil Procedure Code.
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