Surinder Kumar vs Ram Ditti

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
C.HARI SHANKAR
Surinder Kumar – Appellant
Versus
Ram Ditti – Respondent

Table of Content
1. improper recall of an order without justification. (Para 1 , 2)
2. court examines validity of reasons for closing evidence. (Para 3 , 4)
3. standards for granting adjournments need to be met. (Para 5 , 6)
4. evidence of absence of witness due to valid medical reasons. (Para 7 , 8)
5. conditions set for granting new opportunities to present evidence. (Para 9 , 10 , 11 , 12 , 13)
6. conclusion and order on the petition. (Para 14)

JUDGMENT

C. Hari Shankar, J. (Oral)

1. This petition under Article 227 of the Constitution of India assails the order dated 28th September 2021, passed by the learned Senior Civil Judge ("the learned SCJ") in RC ARC 78979/2016 (Surinder Kumar v. Ram Ditti). The impugned order reads thus:

"RC ARC 78979/2016

Surinder Kumar Vs. Ram Ditti

28.09.2021

Present: Ld. Counsel for the parties.

Fresh vakalamama filed on behalf of respondent no. 2,3,4 and 5.

Matter is listed for final arguments.

An application for recalling of order dated 26.03.2021 has been filed on behalf of respondents.

Arguments heard. Application is perused.

In view of the submissions and reasons mentioned, the application is allowed.

Put up for further RE on 04.10.2021.

Sd.

(Aditi Ga

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DELHI HIGH COURTC.HARI SHANKARSurinder Kumar – AppellantVersusRam Ditti – Respondent

DELHI HIGH COURT
C.HARI SHANKAR
Surinder Kumar – Appellant
Versus
Ram Ditti – Respondent