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VIRENDER SINGH
Shyamnath Sharma – Appellant
Versus
Kripal Singh Bedi – Respondent
ORDER
1. The grievance of the petitioner/plaintiff is that the trial Court has closed his right to produce evidence vide order dated 26.9.2018 (Annexure P/8).
2. The facts reflect that the petitioner filed a suit in the year 2006 seeking injunction against the respondents from interfering in his possession over the suit property. He concluded his evidence in the year 2011 but thereafter started filing interim applications at certain intervals. He filed 3-4 applications for taking additional documents on record. The last of them was considered and dismissed by the trial Court vide order dated 19.9.2018 which is under challenge in M.P. No.4705/2018. After the dismissal of that application, some more opportunities were granted to the petitioner to adduce evidence with a cogent warning that since the case pertains to the year 2006 and there are directions of the High Court to conclude such cases at the earliest, no further adjournment shall be granted. The trial Court repeatedly granted the last opportunity to adduce evidence with the aforesaid warning but the petitioner never bothered or honoured them. Ultimately, the trial Court refused to grant more opportunities and closed his right
The court reaffirmed the principle that parties must diligently prosecute their cases and that undue adjournments harm the justice system.
Point of Law : Adjournments should be ordinarily limited to three/four times in the life of the suit as also as per the provisions of Order 17 CPC.
The court emphasized that additional evidence may only be permitted under exceptional circumstances, not as a routine, and evaluated the impact of delay on justice delivery.
The main legal point established is the strict adherence to Section 309 of Cr.P.C., requiring expeditious trials and continuous examination of witnesses, with adjournments only granted for special re....
Judicial discretion must balance the need for expeditious trial with fairness to parties, allowing limited opportunities for evidence while preventing indefinite delays.
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