Delhi High Court Grants Final Opportunity for Sole Witness Examination in Ejectment Suit

Delhi High Court, presided over by HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA, granted a significant legal decision in a civil suit titled ‘MGR Holding Pvt. Ltd. Vs. Loil Overseas Foods Ltd.’. The ruling addressed the crucial issue of permitting the examination of a sole witness in a case involving ejectment and recovery of mesne profits.

The court, in its observation, emphasized the importance of granting the petitioner a final opportunity for the examination of its sole witness. The judgment stated, “With the consent of the parties, the Petitioner is permitted to lead evidence of the sole defendant witness Sh. Balbir Singh Uppal on 11.12.2023 on the following terms.” This decision underscores the court’s commitment to ensuring that all parties have a fair opportunity to present their case.

The legal point emphasized in this judgment pertains to the discretion exercised by the court in allowing the examination of a sole witness. The court’s decision, based on the facts and law, emphasized that this opportunity is granted with strict terms and conditions. The court noted, “The Petitioner will not seek any adjournment, on account of the inconvenience of the witness and shall ensure that the examination and cross-examination of the witness are concluded on the date(s) fixed by the Trial Court.”

Furthermore, the court clarified that if the petitioner fails to lead evidence as per the specified terms, the previous orders of the Trial Court shall become operative. This decision underscores the court’s commitment to ensuring the timely and fair resolution of legal disputes.

Date of Decision: December 7, 2023

LOIL OVERSEAS FOODS LTD.  VS MGR HOLDING.