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ASHUTOSH SHASTRI, J. C. DOSHI
GOPAL ODHAVJI VANPARIYA – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent
JUDGMENT :
J.C. DOSHI, J.
1. Rule returnable forthwith. Learned advocate Mr. Vibhuti Nanavati appears and waives service of notice of rule on behalf of the respondent.
2. In the facts and circumstances of the case and having regard to the request and consent of both learned advocates appearing for respective parties, this writ petition is taken up for final consideration.
3. By way of this writ petition filed under Articles 226 and 227 of the Constitution of India, 1950, the present writ petitioner has challenged the judgment and order dated 07.02.2023 passed below application Exh.49 by the learned Principal Senior Civil Judge, Kachchh in Commercial Civil Suit No. 49 of 2022. By the order dated 06.02.2023 passed below Exh.49, learned Principal Senior Civil Judge, Kachchh dismissed the application of the Org. Plaintiff seeking issuance of witness summon and also imposed a cost of Rs.25,000/- to be paid in District Legal Services Authority, Bhuj.
4. The brief facts of the present case are that petitioner Org. plaintiff i.e. Laxmi Enterprise is a partnership firm duly registered under the provisions of Partnership Act, engaged in the business of exporting food items to various countries. T
The right to make an application for witness summons is available to a party at any stage of the suit, but the trial court may refuse to issue summons only if the application is not bona fide, vexati....
The main legal point established in the judgment is that a Commercial Court cannot permit a party to lead fresh evidence after the matter is posted for arguments if the procedural requirements under ....
The right to lead evidence is pivotal to a fair trial and partakes of the character of natural justice and fair play. The recall of a witness under Order XVIII Rule 17 should be for clarifying any do....
The court emphasized that routine adjournments in civil proceedings undermine justice, necessitating strict adherence to statutory limits and the imposition of costs for delays.
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....
A party may summon additional witnesses even after issues have been framed, provided they demonstrate plausible reasons for their omission in the initial list, as required by the procedural guideline....
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