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TUSHAR RAO GEDELA
Saurabh Sabharwal – Appellant
Versus
Satish Bhatia – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Petitioner challenges the order dated 05.07.2022 in suit No. 10132/2016 titled "Saurabh Sabharwal vs Satish Bhatia" whereby the learned Trial Court had closed the opportunity for recording the remaining evidence of the petitioner/plaintiff on the basis that sufficient time was granted and despite number of opportunities having granted, the petitioner/plaintiff failed to take steps for summoning the witnesses.
2. Mr. Kanack Pandey, learned counsel appearing on behalf of petitioner/plaintiff submits that the delay of filing the petitioner's evidence was on the ground that the files pertaining to the suit were misplaced due to renovation at the counsel's office and the delay had occasioned.
3. Learned counsel further submits that there was unstoppable seepage in the basement office of the counsel which had led to the massive renovations and the files kept in office were not traceable at that particular point of time as they were shifted elsewhere.
4. Learned counsel also submits that the delay had also occasioned due to the hospitalization of the father of the counsel.
5. Mr. Pand
Courts may dismiss petitions due to lackadaisical conduct and unsubstantiated reasons for delay in filing evidence.
The main legal point established is that the Trial Court should consider the reasons for adjournments and afford opportunities to parties to lead evidence, especially when the delay is not attributab....
Trial courts must prioritize the merits of cases over procedural technicalities, allowing opportunities to present evidence conditioned on fair costs.
The court upheld the necessity for timely evidence submission while allowing one last opportunity for the petitioner, emphasizing procedural diligence.
The suspension of the bar of limitation by the Supreme Court due to the COVID-19 pandemic influenced the court's decision to set aside the order closing the right to lead evidence.
Granting leniency to litigants during the pandemic period and allowing one opportunity to lead evidence.
Fairness in trial proceedings and providing opportunities for evidence
The right to fair trial and the importance of parties defending their cases by leading cogent evidence.
A party cannot be penalized for the fault of their counsel, and lawyers must fulfill their professional duties to maintain public confidence in the judicial system.
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