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N. V. ANJARIA, SANDEEP N. BHATT
Sitaram Fabrication – Appellant
Versus
Italiya Silk Mill – Respondent
JUDGMENT :
N.V.ANJARIA, J.
In the facts and circumstances of the case and having regard to the request and consent of the parties through their learned advocates, the petition was taken up for final consideration.
1.1 Rule, returnable forthwith. Learned advocate Mr.Jigar Patel waives service of rule for all the respondents.
1.2 Heard learned advocate Mr.S.M.Kikani for the petitioner and learned advocate for the respondents.
2. By filing this Special Civil Application, orders dated 2.3.2022 and 21.3.2022 below Exhibit 18 and 19 respectively passed by learned 3rd Additional Senior Civil Judge, Surat in Commercial Suit No.741 of 2021 are challenged. By order dated 2.3.2022, application of the petitioner- original plaintiff for adjournment was rejected and right to lead evidence in the suit was closed. By order dated 21.3.2022 below Exhibit 19, the application of the petitioner seeking to reopen the right of evidence was dismissed.
3. The Commercial Suit of the petitioner- plaintiff under Order XXXVII of the Code of Civil Procedure, 1908 was for recovery of Rs.39,35,559/-. The petitioner stated that he was engaged in the business of all sale clothes. The defendant purchased from the plaintif
The main legal point established in the judgment is the pivotal nature of the right to lead evidence in ensuring a fair trial and the importance of granting opportunities to parties to place their re....
The court emphasized the significance of the right to lead evidence in a fair trial, reinforcing that opportunities must be granted unless a party displays undue delay.
Granting leniency to litigants during the pandemic period and allowing one opportunity to lead evidence.
The exceptional circumstances of the Covid-19 pandemic and the medical condition of the parties should be considered in granting opportunities to lead 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 judgment emphasizes the importance of substantial justice over technical considerations and highlights the need to consider the circumstances and record of the case before concluding on a party's....
The central legal point established in the judgment is the importance of granting reasonable opportunities to the defendant to lead evidence and the need for judicial orders to fix actual dates for r....
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