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Three N Products Private Limited vs. Kasana Ram Chaudhary

Civil Miscellaneous (Main) Petition (IPD) · 2026:DHC:8164Decided 21 Sept 2026New Delhi Bench
CM(M)-IPD 48/2026CNR: DLHC010447132026
Justice Purushaindra Kumar Kaurav

Background

In a pending commercial suit, the trial court closed the plaintiff company's right to lead evidence after earlier-agreed timelines lapsed. The plaintiff, whose director is a senior citizen, said his ill health had prevented him from giving timely instructions for preparing and recording evidence, and sought one final chance to present it, even though the trial court had already substantially heard arguments on the other side by then.

Decision Breakdown

The High Court, relying on its own precedent that the right to lead evidence is part of natural justice and fair trial and that courts should not be "hyper-technical" in granting such opportunities (unless a party is being deliberately indolent), granted the plaintiff one last opportunity. It directed that affidavits of evidence be filed within 15 days, the opposing side get 15 more days to respond, cross-examination be completed within a month after that, and arguments then proceed afresh, all subject to the plaintiff paying Rs. 15,000 in costs to the respondent.

Lesson Learnt

Courts generally favour giving litigants a genuine, final chance to present their evidence rather than deciding a case purely on a procedural default, though such leniency typically comes with a cost penalty and a firm, non-negotiable new deadline.

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