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DELHI HIGH COURT
C.HARI SHANKAR
Mis. Stellar Information Technology Private Ltd. – Appellant
Versus
Chandan Kumar Chaudhary – Respondent
| Table of Content |
|---|
| 1. overview of the petition's basis. (Para 1) |
| 2. challenging the adj's order on procedural grounds. (Para 2 , 3) |
| 3. affidavit content and compliance. (Para 4) |
| 4. implications of non-compliance with affidavit rules. (Para 5 , 6) |
| 5. discretion of the court in evidence recording. (Para 7) |
| 6. disposition of the petition. (Para 8 , 9) |
JUDGMENT
C. Hari Shankar, J. (Oral)
1. This petition under Article 227 of the Constitution assails an order dated 13th May, 2022, passed by the learned Additional District Judge (the learned ADJ) in CS DJ 438/17 (Stellar Information Technology Pvt. Ltd. v. Chandan Kumar Chaudhary).
2. Learned Counsel for the petitioner urged three grounds of challenge to the impugned order. The first was to the rejection, by the learned ADJ, of the petitioner's request that the affidavit filed by DW- 1 be not exhibited, as it was argumentative in nature. The second is against the disallowance, by the learned ADJ, of certain questions which the petitioner desired to put to DW-1. The third is against the warning administered in the impugned order dated 13th May, 2022, to learned Counsel for the petitioner, for having made an incorrect statement regarding collec
While Order XIX Rule 3 of the CPC does set out the contents of affidavits to be filed in civil proceedings, it does not permit striking off an affidavit from the record merely because it is not in te....
The main legal point established in the judgment is that evidence produced by the parties cannot be considered in the absence of pleading, and parties should not be permitted to travel beyond their p....
The court emphasized the importance of respectful discourse in legal proceedings and criticized adverse remarks about Counsel's language as excessive, asserting that courts should avoid unnecessary s....
The necessity for reasonable opportunity in legal proceedings is fundamental, even in expedited commercial disputes, ensuring parties can adequately present their cases.
Amendments to pleadings under CPC require showing due diligence and must be justified; failure to do so results in dismissal of such applications.
The court upheld the trial Court's decision, affirming that certified copies of public documents are admissible without original records unless substantial reasons are provided otherwise.
Repeated failures to comply with procedural orders may justify the closure of the right to lead evidence, but courts can grant final opportunities to ensure fairness.
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