Back
IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
G.S. Berar and Co. Pvt. Ltd. - Appellant
Versus
MS Trans Asian Industries Expositions Pvt. Ltd. - Respondent
CM(M) 162 of 2022 & CM. Appls. 8747-48 of 2022
Decided On : 18-02-2022
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--The hearing was conducted through video conferencing.
2. Petitioner is aggrieved by the delay in recording of the evidence.
3. Learned counsel for the petitioner submits that irrelevant questions are being posed to the witness by the respondents to simply delay the proceedings. He submits that some of the questions are completely extraneous and have got no relevance to the issues at hand. However, the questions are being put to protract the trial.
4. Learned counsel submits that petitioner is aggrieved by the direction in order dated 17.03.2021 to the limited to extent that it directs that the objection would be noted by the Commissioner and left open to be decided by the court at the stage of final arguments, however the witness shall not refuse to answer the question asked.
5. Issue notice. Notice is accepted by learned counsel for respondent.
6. With the consent of parties, the petition is taken up for hearing today.
7. Leaned counsel for respondent submits that he has no objection the clause being modified to the extent that in case the witness refuses to answer any question, then the court would be free to drawn an adverse inference against the witness for refusing to answer.
8. Learned counsel for the petitioner is agreeable to the said modification.
9. In view of the above, paragraphs 9 and 10 are modified to the extent that the witness would not be obliged to answer every question. However, in case witness refuses to answer a particular question, the Local Commissioner shall note in the proceeding that witness has refused to answer and it would be open to the court at an appropriate stage to draw an adverse inference against the witness and the party that has produced the said witness.
10. Petition is disposed of in the above terms.
11. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through e-mail by the Court Master.
Witnesses may refuse to answer irrelevant questions, but courts can draw adverse inferences from such refusals, preventing unnecessary delays in trial proceedings.
The court has the discretion to permit the leading of evidence with strict conditions to avoid further delays and can impose costs for previous negligence in defending suit proceedings.
Courts may dismiss petitions due to lackadaisical conduct and unsubstantiated reasons for delay in filing evidence.
It is an archaic practice that during the evidence- collecting stage, whenever any objection is raised regarding admissibility of any material in evidence the court does not proceed further without p....
Trial courts must prioritize the merits of cases over procedural technicalities, allowing opportunities to present evidence conditioned on fair costs.
The Court emphasized the responsibility of the Court to ensure just and effective adjudication, even by allowing reopening of evidence in certain cases, on specific terms and conditions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
