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DELHI HIGH COURT
PRATHIBA M.SINGH
Anil Sabharwal – Appellant
Versus
Rakesh Kumar Arora – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL.46440/2022 in CM (M) 1712/2019
2. This is an application seeking exemption from filing original/certified copies of documents.
3. Exemption is granted subject to all just exceptions. CM APPL.46440/2022 is disposed of.
REVIEW PET.273/2022 & CM APPLs.46441-42/2022 in CM (M) 1712/2019
4. These are applications seeking condonation of delay in re-filing and review of the order dated 2nd December, 2019, as also waiver/reduction of the amounts as directed to be paid by the said order. As per the said order dated 2nd December, 2019, in view of the defaults by the Petitioner herein/Defendant in the suit before the Trial Court being CS No.59233 of 2016 titled Sh. Rakesh Kumar v. Sh. Anil Sabharwal (hereinafter "Defendant"), the cross-examination of PW-1 and PW-2 was permitted, subject to the Defendant depositing Rs.5 lakhs in two instalments. The relevant portion of the said order reads as under:
"6. Considering the delay that has been caused by the Defendant, in view of the circumstances narrated above, it is directed that subject to the Defendant depositing a sum of Rs.5 lakhs before th
The court's decision was influenced by the interests of justice, the provisions of the Indian Evidence Act, and the limitations on cross-examination.
The court condoned a 61-day delay in filing an application and allowed the petitioner to present evidence to facilitate an expeditious resolution of the case.
The court has the discretion to allow the recall of a witness for cross-examination, but may impose conditions to expedite the trial.
The genuine difficulty faced by a party's counsel may justify granting additional opportunities in legal proceedings.
The right to cross-examine is an indelible right of a party before the Civil Court, and should not be denied unless there has been absolute laxity on the part of the petitioner/defendant.
The disputes between the parties should be disposed of on merits rather than on petty technical issues.
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