Vinay Jain Vs. Rakesh Jain & Others Case Number: FAO(OS) (COMM) 36/2025 Order Date: May 16, 2025 Court: High Court of Delhi Judges: Hon’ble Mr. Justice C. Hari Shankar, Hon’ble Mr. Justice Ajay Digpaul Neutral Citation: 2025:DHC:3990-DB
Fact:
Vinay Jain challenged an order of the Single Judge (dated 10 September 2024) that directed the defendant to lead evidence first concerning certain documents in a commercial dispute. The appellate court, in its judgment dated 16 April 2025, reviewed this order while hearing the appeal.
Legal Issue:
- Whether the Single Judge’s direction to the defendant to lead evidence first was consistent with procedural laws, particularly Rules under Order XVIII of the CPC?
- Whether new arguments not previously raised can be considered in the review proceedings?
Reasoning:
The Court observed that the directions did not comply with proper legal standards under Order XVIII, which governs the order of parties' evidence. It clarified that the order was a case management decision and not one issued under specific provisions that empower the court to decide the sequence of evidence. Additionally, the Court noted that the new submissions, not included in the pleadings or arguments during the original hearing, could not be entertained in the review petition, which is mainly intended to correct errors of law or fact in the original judgment.
Result:
The Court dismissed the review petition, upheld the appellate judgment, and set aside the Single Judge’s order, emphasizing that the parties should proceed to lead evidence in accordance with the law.
