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MANMEET PRITAM SINGH ARORA
Sh Moolchand Kharaiti Ram Hospital And Ayurvedic Research Institute – Appellant
Versus
Gyan Singh – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 40886/2023 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
CM(M) 1279/2023 & CM APPL. 40885/2023
1. The present petition filed under Article 227 of the Constitution of India impugns the order dated 25.07.2023 and 27.03.2023 passed by the POIT-01, Rouse Avenue Courts, New Delhi (`Trial Court') in O.P. No. 21/2019 titled as "Moolchand Kharaiti Ram Hospital v. Gyan Singh".
1.1. The Trial Court vide order dated 27.03.2023 closed the right of the Petitioner herein to lead evidence of its second witness Mr. KK Pandey in view of the fact that the witness had not remained present on the last two dates of hearing prior thereto.
1.2. The Trial Court vide order dated 25.07.2023 dismissed the application filed by the Petitioner for recall of the order dated 27.03.2023.
2. The learned counsel for the Petitioner states that the Petitioner seeks a last opportunity to lead evidence and undertakes that Mr. KK Pandey will remain available before the Court on 14.08.2023 (i.e., the next date of hearing) and any subsequent date fixed by the Trial Cour for cross examination until the wi
The Court emphasized the importance of compliance with court orders and the interest of justice in granting opportunities to present evidence.
The main legal point established is that the court has the discretion to set aside an order closing the right to lead evidence and grant further opportunity, considering the circumstances and subject....
Court affirmed limited intervention under Article 227 when no jurisdictional errors occur, reinforcing the necessity for litigants to actively pursue their cases.
Repeated failures to comply with procedural orders may justify the closure of the right to lead evidence, but courts can grant final opportunities to ensure fairness.
The main legal point established in the judgment is the limited and circumscribed nature of the superintending jurisdiction vested in Article 227 of the Constitution of India, emphasizing the importa....
The court emphasized that judicial proceedings must allow ample opportunity for evidence presentation, particularly during extraordinary circumstances such as a pandemic, to uphold the right to a fai....
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