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ARUN MONGA
Mssrs Alfavision Overseas India Ltd. – Appellant
Versus
Sanjay Kumar – Respondent
ORDER :
Mr. Arun Monga, J. - Vide this common order, above two cases are being disposed of, wherein, the impugned orders of similar nature are under challenge. Since facts are analogous and issues raised therein are common, for brevity, recitals are taken from S.B. Civil Writ Petition No. 9088/2023.
2. The petitioner has assailed two orders, both dated 31.05.2023 (Annexure. 7) passed by learned Additional District Judge No. 2, Nimbahera, whereby, two applications in two separate suits filed by petitioner-defendant under Order 26, Rule 4 (1)(A) read with section 151 CPC and Order 16, Rule 19 CPC have been dismissed.
3. Succinctly stated the facts of the case are:
3.1 The respondent herein filed a suit for recovery of money before the learned trial Court. The petitioner appeared upon service of summons and filed written statement denying the averments made in the plaint.
3.2 It is averred in the petition herein that the respondent is a politically influential person. That apart, there is an apparent threat to the life of the petitioner if the petitioner travels to Nimbahera. Therefore, the petitioner sought indulgence of the court seeking adequate security for his travel to Nimbahera. The
The court ruled that a petitioner facing threats and health issues must be allowed to record evidence via video conferencing, ensuring fair trial rights.
Judicial endorsement of video conferencing for evidence collection is mandated, emphasizing modern practices should not be obstructed by technicalities.
The court confirmed video conferencing for evidence recording aligns with modern judicial practices despite legal challenges on witness presence.
The court upheld the trial Court's decision to allow witness statements via ordinary video conferencing, emphasizing accessibility and the need for justice without undue hardship.
The court allowed the relaxation of video conferencing rules enabling a complainant abroad to record evidence, emphasizing the role of discretion to avoid undue hardship in legal proceedings.
The court affirmed the right of a plaintiff in custody to present evidence via video conferencing, emphasizing the importance of access to justice.
The main legal point established in the judgment is the permissibility of dispensing with the physical presence of the accused during trial and allowing appearance through video conferencing, in line....
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