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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Yadvinder Singh - Appellant
Versus
Neha Singh - Respondent
Crl.M.C. 6003 of 2022, Crl.M.A. 23533 of 2022
Decided On : 28-11-2022
| Table of Content |
|---|
| 1. petition filed against order regarding witness examination. (Para 1) |
| 2. arguments regarding opportunities for examining witnesses. (Para 2 , 3) |
| 3. conditions for allowing witness examinations set. (Para 4 , 5) |
| 4. conclusion and directions given to the parties. (Para 6 , 7 , 8) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed challenging the order dated 20th October, 2022 whereby the respondent's (herein petitioner) request for examining the witnesses, other than himself was declined.
2. Learned counsel for the petitioner submits that sufficient opportunities were not given to her client for examining the witnesses and therefore the order of the learned Principal Judge, Family Court suffers from infirmity and illegality.
3. Learned counsel for the respondent has very graciously submitted that the petitioner may be allowed to lead evidence but some stipulated time frame may be laid down and the petitioner may also be burdened with the cost.
4. In view of the submissions made by the parties, the prayer of the petitioner for examining of witnesses as mentioned in the list of witnesses filed on behalf of the petitioner be allowed subject to the cost of Rs.15,000/-.
5. It has further been directed that the petitioner shall take steps immediately for summoning the witnesses and shall not seek any adjournment. If the petitioner makes two consecutive default in taking steps for summoning the witnesses or takes two adjournments consecutively for examining the witnesses, the right to lead the evidence shall stand closed.
6. In view of the above, the present petition along with pending application stands disposed of.
7. Parties are directed to appear before the learned Principal Judge, Family Court on 6th December, 2022.
8. Order dasti.
Petitioners must be granted sufficient opportunities to lead evidence in court proceedings, with conditions imposed to prevent delay and frivolous adjournments.
The court has the discretion to allow one opportunity to examine a witness when their evidence could not be recorded due to external factors, balancing the interest of justice with the impact of such....
The right to fair trial and the importance of parties defending their cases by leading cogent evidence.
Parties to litigation should be afforded full opportunity to lead evidence and should not be deprived of such valuable rights on mere technicalities.
Trial courts must prioritize the merits of cases over procedural technicalities, allowing opportunities to present evidence conditioned on fair costs.
Litigants should not be penalized for their counsel's lapses, and courts must prioritize justice and merit in adjudicating cases.
The court emphasizes the management's duty to present witnesses promptly with no adjournments, allowing one final opportunity to lead evidence under strict conditions.
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