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TUSHAR RAO GEDELA
Ram Niwas – Appellant
Versus
Rajni Singhal – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 28673/2023
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
CM(M) 901/2023 & CM APPL. 28762/2023 (Stay)
3. The petitioner challenges the order dated 11.04.2023 passed in CS DJ No. 9559/2016 titled Rajni Singhal vs. MCD & Others, whereby the learned Trial Court had passed certain directions to the parties to appear before the Local Commissioner for recording of evidence in a particular manner.
4. Learned counsel appearing for the parties before this Court are ad idem on the observations and some of the directions made by the learned Trial Court in the second paragraph of second page of the impugned order whereby the following directions have been noted:
"It is made clear that on every date of proceedings, the Local Commissioner shall ascertain the witness who is required to be examined on the next date and in case said witness is not available, the right to examine/cross examine such witness shall automatically be closed. After examining all the witnesses by defendant no.10, defendant no.4 shall examine his witnesses."
(emphasis supplied)
5.
The correct procedure for examining witnesses and the right to cross-examine a witness should not be automatically closed if the witness is not available.
Parties to litigation should be afforded full opportunity to lead evidence and should not be deprived of such valuable rights on mere technicalities.
The genuine difficulty faced by a party's counsel may justify granting additional opportunities in legal proceedings.
The disputes between the parties should be disposed of on merits rather than on petty technical issues.
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.
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