Back
DELHI HIGH COURT
C.HARI SHANKAR
Bharat Investment Corporation – Appellant
Versus
Sanjana Saini – Respondent
| Table of Content |
|---|
| 1. non-appearance of the respondent. (Para 1 , 2 , 3) |
| 2. background of eviction petition and evidentiary issues. (Para 4 , 5 , 6 , 9 , 10) |
| 3. right to lead evidence in legal proceedings. (Para 8 , 11 , 12 , 13 , 14) |
| 4. assessment of valid reasons for adjournments. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. opportunity to present evidence granted. (Para 21 , 22 , 23) |
| 6. conclusion and order set aside. (Para 24 , 26 , 27) |
1. Despite service of notice, there is no appearance on behalf of respondent.
2. The matter has been passed over and called out at second time. The respondent is still not available.
3. The court has accordingly heard learned Counsel for the petitioner and proceeds to dispose of the petition, as the issue involved is short.
4. The impugned order, dated 4th March, 2022, was passed by the learned Additional Rent Controller ("the learned ARC") in E No 78997/2016 (Smt. Sanjana Saini v. Bharat Investment Corporation), which was an eviction petition preferred by the respondent against the petitioner.
5. Given the limited nature of the controversy in these proceedings, it is not necessary to advert to the specifics of the dispute between the
The right to lead evidence in civil proceedings is fundamental and should only be forfeited for significant reasons, especially when delays are due to unavoidable circumstances.
The right to lead evidence is a valuable vested right, and substantial justice should inform the approach of the court 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 need for expeditious proceedings and the direction to afford one opportunity for recording evidence of a witness, subject to 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
