Rajasthan High Court - Jodhpur
Cj Darcl Logistics Ltd vs New Shri Ram Goods Transport ... on 6 April, 2026
[2026:RJ-JD:15655]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7460/2026
Cj Darcl Logistics Ltd., 26, Nb Complex, Pratap Nagar Chauraha,
National Highway-8, Udaipur (Raj.) Having Its Registered Office
At Darcl House, Plot No. 55P, Sector 44, Institutional Area,
Gurugram (Haryana) Through Authorized Shri Dinesh Sharma
Son Of Shri Onkarmal Sharma Aged 44 Years Resident Of Branch
Of Cj Darcl Logistics Ltd. Plot No. 17, Transport Nagar, Near
Bharat Petrol Pump, Basni Second Phase, Jodhpur-342005.
----Petitioner
Versus
New Shri Ram Goods Transport, Through Owner Shri Rajni Kant
Chaudhary Son Of Shri Shashi Kant Chaudhary, Resident Of 4 Gh
70, Kuri Bhagtasani Housing Board, Jodhpur-342005.
----Respondent
For Petitioner(s) : Mr. RK Rathi.
For Respondent(s) :
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order 06/04/2026
1. By way of filing the instant writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has laid a challenge to the order dated 19.03.2026 passed by the learned Commercial Court No. 1, Jodhpur Metropolitan, in Civil Suit No.80/2022, whereby the learned trial Court has closed the right of the petitioner to lead evidence.
2. Learned counsel for the petitioner submits that the petitioner, who was required to appear for recording of evidence before the learned trial Court, could not do so due to unavoidable circumstances; therefore, the learned trial Court ought not to have (Uploaded on 06/04/2026 at 07:02:16 PM) (Downloaded on 06/04/2026 at 08:50:03 PM) [2026:RJ-JD:15655] (2 of 3) [CW-7460/2026] closed the right of the petitioner to lead evidence. It is submitted that the matter was earlier fixed for final arguments today, i.e., 06.04.2026; however, he further informs that the same has now been adjourned for tomorrow i.e. 07.04.2026. It is further submitted that if the petitioner is not permitted to lead evidence, his case shall suffer serious prejudice.
3. Upon perusal of the case file and the impugned order, this Court finds that the learned trial Court, vide order dated 19.03.2026, closed the right of the petitioner to lead evidence, while observing that sufficient opportunities had already been granted to the petitioner for the said purpose.
4. In the opinion of this Court, though sufficient opportunities appear to have been granted by the learned trial Court, denial of the right to lead evidence in the suit in question would adversely affect the petitioner's right to a fair trial and effective adjudication.
5. In the facts and circumstances of the present case, this Court deems it just and proper to grant one last opportunity to the petitioner to lead evidence, subject to payment of costs of Rs. 2,000/- to the respondent through counsel.
6. Accordingly, the petitioner is granted one last opportunity to lead evidence in the suit in question on the next date of hearing before the learned trial Court on 09.04.2026, subject to payment of costs of Rs.2,000/- to the respondent through counsel. However, the learned Trial Court shall be at liberty to regulate the proceedings and adjourn the matter, if necessary, depending upon its work exigency.
(Uploaded on 06/04/2026 at 07:02:16 PM) (Downloaded on 06/04/2026 at 08:50:03 PM) [2026:RJ-JD:15655] (3 of 3) [CW-7460/2026]
7. In case the respondent refuse to accept the cost and choose to contest the writ petition on merits, further proceedings in Civil Suit No.80/2022 pending before the learned Commercial Court No.1, Jodhpur Metropolitan, shall remain stayed. However, the respondent shall be at liberty to move an appropriate application for revival of the writ petition and upon such application being filed, the same shall be considered and decided in accordance with law.
8. With the aforesaid observations, the writ petition stands disposed of.
9. It is made clear that, in case the petitioner does not pay the cost as directed hereinabove, or does not lead the evidence, on the next date, no further opportunity shall be granted to it.
10. The stay application and all pending applications, if any, also stand disposed of.
(MUKESH RAJPUROHIT),J 96-/Jitender//-
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