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TUSHAR RAO GEDELA
Lekh Raj – Appellant
Versus
Rita – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
With the consent of parties, the petition is taken up today for disposal.
1. The petitioner challenges the order dated 11.03.2019 passed by the learned Trial Court in CS No. 804/2017 titled Rita vs. Lekh Raj & Ors., whereby the application under Order XVIII Rule 17 CPC, 1908 filed on behalf of petitioner/defendant no.1 seeking recording of evidence of one Sh. Anjani Kumar, was dismissed.
2. Mr. U.M. Tripathi, learned counsel appearing for the petitioner submits that though said Sh. Anjani Kumar was not named in the list of witnesses, however, his evidence becomes crucial for the reason that said Sh. Anjani Kumar is the person who has executed the purported title documents in favour of the respondent/plaintiff as also, simultaneously, executed title documents in favour of the petitioner/defendant no.1.
3. Learned counsel submits that the learned Trial Court has dismissed the application for the reason that despite number of opportunities having been granted to the petitioner/defendant no.1 to examine its witnesses, the petitioner/defendant no.1 did not take proper steps within time to exami
The main legal point established in the judgment is the court's authority to direct the recording of crucial evidence to assist in determining the genuineness of documents involved in a case.
A litigant ought not to suffer due to a mistake by the defendant's counsel, and the court may allow the placement of additional documents at a belated stage of the proceedings if it deems fit.
Litigants should not suffer due to their counsel’s mistakes, allowing late evidence in exceptional circumstances while stressing the need for expedition in justice.
The court emphasized the importance of providing sufficient opportunity to the petitioner/defendant to defend themselves and held that the refusal to take the documents on record by the Trial Court c....
The disputes between the parties should be disposed of on merits rather than on petty technical issues.
Matters of procedure should not hinder the dispensation of justice, and the relevance of documents for just and fair adjudication should be considered when deciding on applications to bring documents....
The trial court must afford due opportunities to the parties to contest the case and cannot adopt an extremely harsh and hyper-technical approach in rejecting applications for taking documents on rec....
The right to fair trial and the importance of parties defending their cases by leading cogent evidence.
The Trial Court should provide opportunities to record evidence and impose compensatory costs for delay in examining witnesses.
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