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TUSHAR RAO GEDELA
Mamta Rani – Appellant
Versus
Renu Rani – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 23919/2023
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 760/2023 & CM APPL. 23918/2023 (Stay)
3. The petitioners challenge the order dated 02.05.2023 passed in CS (COMM) No. 480/2020 titled Renu Rani vs. Mamta Rani & Anr., whereby the right of the petitioners/defendants to examine DW-Mamta Rani, petitioner no.1 herein, was closed for the reasons that neither main counsel nor the witness had appeared since morning despite repeated calls.
4. Mr. Deepak Parashar, learned counsel appearing for the petitioners submits that the counsel alongwith witness had infact appeared a little after 2:20 p.m. by which time the learned Trial Court had already closed the opportunity.
5. Learned counsel submits that the counsel was appearing before the High Court on 02.05.2023 and by the time his matter got over in the High Court he could reach the Trial Court alongwith the witness, only after 2:00 p.m. by which time the order impugned was already passed.
6. Ms. Sakshi Arora, learned counsel appears for the respondent/plaintiff and submits tha
The court emphasized the importance of considering the circumstances and providing a fair chance for examination, especially when the delay was due to legitimate reasons.
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....
The genuine difficulty faced by a party's counsel may justify granting additional opportunities in legal proceedings.
Litigants should not be penalized for their counsel's lapses, and courts must prioritize justice and merit in adjudicating cases.
The court has the discretion to allow one opportunity to examine a witness when their evidence could not be recorded due to external factors, balancing the interest of justice with the impact of such....
Parties to litigation should be afforded full opportunity to lead evidence and should not be deprived of such valuable rights on mere technicalities.
The right to fair trial and the importance of parties defending their cases by leading cogent evidence.
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