Petition under Article 227 challenged a trial court order closing the petitioners' right to file remaining witness affidavits in ARC No. 153/2017. Relying on the respondents' concession and the principle that the right to lead evidence is valuable, the High Court set aside the order, allowing the affidavits subject to costs and time limits.
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$~58
Through: Mr. Varun Mehlawat and Mr. Neeraj Yadav, Adv.
versus
RAJ KUMARI BABBAR & ORS. .....Respondents Through: Mr. Vibhor Garg and Ms. Diksha Kakkar, Advs. for R-1 and R-3. Mr. Rajesh Baweja, Adv. for R-2.
CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R
% 10.03.2025
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 11:45:48
5203/2008 decided on 21.04.2009, wherein the Bombay High Court pertinently held that no party can be directed to file the affidavits of witnesses at one and the same time because the party has the choice to decide as to number of witnesses to be examined in the court, and therefore, the trial court ought not to have directed the defendants to file the affidavits of all the witnesses which they want to examine.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 11:45:48
RAVINDER DUDEJA, J
MARCH 10, 2025/ib/ia
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 11:45:48
1 issue framed by the court
Whether the trial court could close the petitioners' right to file affidavits of remaining witnesses for not filing them initially?
Colour shows how this judgement treated each authority
Kwadu vs. Suresh & Ors.Relied on¶3
W.P.(C) 5203/2008 decided on 21.04.2009
1 provisions across 1 enactments
Kumud Sethi
Raj Kumari Babbar
Ravinder Dudeja
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
