April 8, 2022

Right To Lead Evidence Pivotal To Fair Trial, Court Should Not Be Hyper Technical In Granting Opportunity

  • COURTDelhi High Court
  • TITLE/CORAM DEEPAK v. RAMESH SETHI HMJ C. Hari Shankar
    CM(M) 306/2022

Observing that the right to lead evidence is pivotal to a fair trial and partakes of the character of natural justice and fair play, the Delhi High Court has said that the Court should not be hyper-technical, in the matter of granting opportunity to lead evidence and the like. Facts: The petitioner had moved an application under sec. 151 of the Code of Civil Procedure, 1908 for modification of the order and for permitting the filing of defence evidence. That application was dismissed. A further application, seeking review of the order was also dismissed by the civil judge.Therefore, a petition under Article 227 of the Constitution of India was filed in the High Court challenging all the three orders.

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