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DELHI HIGH COURT
DINESH KUMAR SHARMA
Ajay Passi – Appellant
Versus
Priyanka Passi – Respondent
| Table of Content |
|---|
| 1. challenge to family court order (Para 1) |
| 2. procedural agreements for evidence submission (Para 2 , 3 , 4) |
| 3. timely filing for evidence and court's request (Para 5 , 6 , 7) |
| 4. petition disposed with directions (Para 8) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CM APPL. 46088/2022 (for condonation of delay)
This is an application filed on behalf of the petitioner seeking condonation of delay of about 61 days in filing the petition.
For the reasons stated in the application, the application is allowed. The delay in filing the present petition is condoned.
CM(M) 1146/2022 & CM APPL. 46087/2022 (stay)
1. Present petition has been filed challenging the order dated 25.05.2022, whereby though the ex-parte order dated 22.03.2022 against the petitioner was set aside but the learned Judge, Family Court declined to vary or modify the order of closure of RE.
2. Learned counsel for the petitioner submits that his affidavit is ready and he may be given only one week's time to file the same and be available for the purpose of evidence.
3. Learned counsel for the respondent has very gracefully submitted that for the purpose of final adjudication of the disputes on merits
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.
A party must demonstrate diligence in presenting evidence, but courts may grant additional opportunities to file evidence in the interest of justice, subject to conditions such as the payment of cost....
A party must adhere to procedural timelines, and repeated failures to comply without sufficient justification may result in the dismissal of their petitions and applications.
The court emphasized that the closure of evidence should not be unduly harsh, especially when the delay was not intentional.
The main legal point established is that repeated failure to avail opportunities to file evidence and lack of justification for delay may demonstrate an intent to delay the suit, leading to dismissal....
Compliance with court orders is essential for a party's participation in trial proceedings; non-compliance can result in dismissal of claims and review applications.
The court holds that a delay in filing an appeal may only be condoned if sufficient cause is shown, emphasizing the necessity of bona fide reasons.
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