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DELHI HIGH COURT
NAVIN CHAWLA
Shantivijay Jewelers – Appellant
Versus
Goyal Modes – Respondent
| Table of Content |
|---|
| 1. challenge to prior order regarding additional documents (Para 1 , 2 , 3) |
| 2. lack of explanation for delayed applications (Para 4 , 5) |
| 3. withdrawal of challenge on first application (Para 6 , 8) |
| 4. relevance of evidence and witness examination (Para 9 , 10) |
| 5. delayed applications aimed at prolonging proceedings (Para 12 , 13 , 14) |
| 6. dismissal of petition and cost imposed (Para 18 , 19 , 20 , 21) |
JUDGMENT
Navin Chawla, J. (Oral)
CM 5010/2021 (exemption)
Allowed, subject to all just exceptions.
CM(M) 120/2021& CM 5009/2021
1. This petition has been filed by the petitioners challenging the order dated 10.01.2020 passed by the learned Additional District Judge-04, Patiala House Courts, New Delhi, on application(s) filed by the petitioners seeking to place on record the additional documents in the suit filed by the respondents being CS No.59517/2016.
2. By the first application dated 23.09.2017, the petitioner herein sought to place on record the affidavit of evidence and cross examination of the father of the respondent no.2 herein, Sh.Mukund Sharan Goyal, recorded in the suit being CS(OS) No.1853/1998 titled as M/s Goyal Fashions Ltd. vs. M/s Shanti Vijay Jewellers
A party must adhere to procedural timelines, and repeated failures to comply without sufficient justification may result in the dismissal of their petitions and applications.
The main legal point established is that repeated failure to avail opportunities to file evidence and lack of justification for delay may demonstrate an intent to delay the suit, leading to dismissal....
The court has the discretion to allow or reject applications to amend pleadings and introduce additional documents under Order VII Rule 14(3) of the Code of Civil Procedure. However, this discretion ....
The court emphasized that a huge unexplained delay in filing an amendment application, particularly at the concluding stage of a suit, cannot be ignored. It also highlighted the issue of limitation f....
The main legal point established in the judgment is the importance of due diligence in producing relevant documents and the discretion of the court in allowing additional evidence under Order 41 Rule....
The court considered the delay in seeking amendment of pleadings and the relevance of the documents sought to be filed, highlighting the importance of timely filing and the need for cogent reasons fo....
A separate application for condonation of delay is unnecessary if sufficient grounds are asserted within the application to justify the delay.
The court affirmed that procedural rules should facilitate justice, allowing for the admission of correction deeds and maintaining suits for injunction without a declaration when no cloud on title is....
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