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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
| 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.
Trial courts must prioritize the merits of cases over procedural technicalities, allowing opportunities to present evidence conditioned on fair costs.
Fairness in trial proceedings and providing opportunities for evidence
The court upheld the necessity for timely evidence submission while allowing one last opportunity for the petitioner, emphasizing procedural diligence.
The right to fair trial and the importance of parties defending their cases by leading cogent evidence.
The Trial Court should provide opportunities to record evidence and impose compensatory costs for delay in examining witnesses.
The main legal point established is that the Trial Court should consider the reasons for adjournments and afford opportunities to parties to lead evidence, especially when the delay is not attributab....
Courts may dismiss petitions due to lackadaisical conduct and unsubstantiated reasons for delay in filing evidence.
The suspension of the bar of limitation by the Supreme Court due to the COVID-19 pandemic influenced the court's decision to set aside the order closing the right to lead evidence.
The disputes between the parties should be disposed of on merits rather than on petty technical issues.
Granting leniency to litigants during the pandemic period and allowing one opportunity to lead evidence.
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