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IN THE HIGH COURT OF DELHI
Tushar Rao Gedela, J.
Neeru Bhalla - Appellant
Versus
BR Gambhir - Respondent
CM(M) 777 of 2019 & CM Appl. 23703 of 2019
Decided On : 04-01-2023
Important Points
Subject
Civil Law - Procedure
Headnote
(B) Costs and Conditions - Court granted an opportunity to lead evidence subject to the payment of costs, recognizing the principle that parties must be equitable in proceedings while ensuring the court's schedule is respected. (Paras 4, 5, 6)
Facts of the case:
The petitioner challenged a trial court's order closing opportunities to present evidence based on previous non-action. The respondent's counterclaim was also facing delays attributed to the same issue.
Findings of Court:
This Court provided an opportunity for the petitioner to present evidence while imposing a cost for allowing this opportunity, ensuring procedural fairness.
Issues: The main issues included the effect of closing evidence and whether the petitioner should be allowed another chance to present her case.
Ratio Decidendi: The court concluded that trials should focus on substantive justice rather than technical procedural issues, hence granting another opportunity for evidence presentation under specific cost conditions.
Result: Petition disposed of.
| Table of Content |
|---|
| 1. challenge to closure of evidence recording. (Para 1) |
| 2. delay due to plaintiff's conduct. (Para 2) |
| 3. merits over technical delays in court. (Para 3) |
| 4. opportunity to lead evidence with conditions. (Para 4 , 5 , 6) |
| 5. petition disposed based on rulings. (Para 7) |
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Petitioner challenges the order dated 15.04.2019 passed by the learned Trial Court, whereby the opportunity to conduct the petitioner's evidence was closed on the ground that on a number of previous occasions, the petitioner had not commenced recording of evidence.
2. Mr. Rahul Dubey, learned counsel appearing for respondents, who has also filed a counter claim before the learned Trial Court, has submitted that the counter claim is also getting delayed because of the conduct of the plaintiff.
3. This Court is of the firm opinion that the case pending before the learned Trial Courts should be decided on merits and not get delayed on technical issues.
4. In view of the above as well as the consent of both the counsels on instructions, this Court deems it fit to provide one opportunity to the petitioner to lead her evidence, subject to a cost of Rs.15,000/- to be paid on or before 31.01.2023 to the respondents.
5. Subject to such cost being paid to the respondent, the learned Trial Court is directed to provide an opportunity to the petitioner to lead her evidence in accordance with law.
6. The cost, as imposed and noted in the impugned order shall also be paid on or before 16.02.2023, in addition to the cost imposed by this Court.
7. In view of the above, the petition along with pending application stands disposed of.
