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MANMEET PRITAM SINGH ARORA
Rajni Nagpal – Appellant
Versus
Reeta Bhayana – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPLs. 43126/2023, 43127/2023 (For Exemption)
Allowed, subject to all just exceptions.
Accordingly, the present applications stand disposed of.
CM(M) 1352/2023 & CM APPL. 43125/2023
1. This petition filed under Article 227 of the Constitution of India impugns the order dated 29.05.2023 passed by the Additional District Judge 02, Shahdara, Karkardooma Courts, New Delhi in the civil suit bearing no. 2432/2016, titled as Rajni Nagpal v. Reeta Bhayana (`Trial Court') whereby, the Petitioner's right to lead evidence has been closed by the Trial Court.
1.1. The Petitioner herein is the original plaintiff and the Respondent is the original defendant in the civil suit. The civil suit has been filed for specific performance of the agreement for sale of the property bearing no. l29-A, Third Floor, Old Anarkali, Delhi-110051 to the plaintiff dated 02.02.2014.
2. Learned counsel for the Petitioner states that the examination and cross- examination of PW-1 has been completed.
2.1. He states that the affidavit by way of evidence of PW-2 has also been duly served on the Respondent herein.
2.2. He states that Mr. Pradeep Nagpal i.e. proposed PW-2 was
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....
The main legal point established is the court's discretion to grant a final opportunity to lead evidence in a civil suit, emphasizing the importance of conducting proceedings diligently and cooperati....
Court affirmed limited intervention under Article 227 when no jurisdictional errors occur, reinforcing the necessity for litigants to actively pursue their cases.
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....
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 central legal point established in the judgment is the importance of granting reasonable opportunities to the defendant to lead evidence and the need for judicial orders to fix actual dates for r....
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