The Delhi High Court recently comprising of a single judge Bench of Justice C Hari Shankar while observing that the right to lead evidence is pivotal to a fair trial and partakes of the character of natural justice and fair play, remarked that the Court should not be hyper-technical, in the matter of granting opportunity to lead evidence and the like. (DEEPAK v. RAMESH SETHI)
Facts of the case
The petitioner was aggrieved by an order dated 16th November, 2021, passed by the learned Civil Judge (“the learned CJ”), whereby the right of the petitioner to lead his evidence, as the defendant before the learned CJ in CS 9739/2016, was closed.
The petitioner moved an application under Section 151 of the Code of Civil Procedure, 1908 (CPC), for modification of the order dated 16th November, 2021, and for permitting the filing of defence evidence. That application was dismissed vide order dated 05th January, 2022. A further application, seeking review of the order dated 05th January, 2022, was also dismissed by the learned CJ vide order dated 11th March, 2022.
This petition was filed under Article 227 of the Constitution of India, assailing all the three orders, i.e. the orders passed on 16th November, 2021, 5th January, 2022 and 11th March, 2022.
Courts Observation and Judgment
The bench at the very outset observed, "The right to lead evidence is pivotal to a fair trial and partakes of the character of natural justice and fair play. No doubt, where a party is unconscionably indolent, the Court may put its foot down and close the right of the party to lead evidence; else, as adversarial litigations are meant to be tried after allowing the parties to an adequate opportunity to place their respective stands on record, the Court should not be hyper-technical, in the matter of granting opportunity to lead evidence and the like."
The bench taking note of the facts of the case remarked that as (i) the learned CJ had granted time till 22nd April, 2020 to the petitioner to lead evidence, (ii) prior to the said date, the COVID-2019 pandemic had struck and w.e.f. 15th March, 2020, working of courts came to a near standstill, (iii) the first occasion when the learned CJ functioned physically, thereafter, was on 25th September, 2021, when the Bar was on strike, and, (iv) on the very next date, i.e. 16th November, 2021, the learned CJ closed the right of the petitioner to lead defence evidence. Taking note of the same the court was of the opinion that one more opportunity ought to be granted to the petitioner.
The bench quashing the order remarked, "The petitioner is directed to file its affidavit of evidence positively within ten days from today.
Learned Counsel for the petitioner, is, therefore, granted ten days and no more to file affidavit of evidence of its defence witnesses, and to produce the defence witnesses for cross-examination and further proceedings before the learned CJ on 5th May, 2022, when the matter is listed next. No adjournment shall be granted to the petitioner on any account whatsoever. It would be the responsibility of the petitioner to have the defence witnesses ready for cross-examination on the said date."
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