DELHI HIGH COURT
C.HARI SHANKAR
Deepak – Appellant
Versus
Ramesh Sethi – Respondent
| Table of Content |
|---|
| 1. parties are agreeable to dispose of the matter. (Para 1) |
| 2. petitioner's rights to lead evidence closed. (Para 2 , 3 , 4) |
| 3. court notes implications of covid-19 on evidence submission. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. impugned orders quashed; opportunity for evidence reinstated. (Para 15) |
| 5. petitioner directed to file evidence and no adjournments allowed. (Para 16 , 17 , 18) |
1. Learned Counsel for the parties have argued the matter and are agreeable to the matter being disposed of at this stage.
2. The petitioner is aggrieved by an order dated 16th November, 2021, passed by the learned Civil Judge ("the learned CJ"), whereby the right of the petitioner to lead his evidence, as the defendant before the learned CJ in CS 9739/2016, was closed.
3. The petitioner moved an application under Section 151 of the Code of Civil Procedure, 1908 (CPC), for modification of the order dated 16th November, 2021, and for permitting the filing of defence evidence. That application was dismissed vide order dated 05th January, 2022. A further application, seeking review of the order dated 05th January, 2022, was also dismissed by the learned CJ
The court emphasized the significance of the right to lead evidence in a fair trial, reinforcing that opportunities must be granted unless a party displays undue delay.
The main legal point established in the judgment is the pivotal nature of the right to lead evidence in ensuring a fair trial and the importance of granting opportunities to parties to place their re....
The exceptional circumstances of the Covid-19 pandemic and the medical condition of the parties should be considered in granting opportunities to lead evidence.
The suspension of the bar of limitation by the Supreme Court due to the COVID-19 pandemic influenced the court's decision to set aside the order closing the right to lead evidence.
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....
Granting leniency to litigants during the pandemic period and allowing one opportunity to lead evidence.
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