SH. DAVESH SINGH vs SH. HAWALDAR SINGH AND ORS

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09.12.2025 + CM(M) 1050/2025 & CM APPL. 34705/2025 SH. DAVESH SINGH .....Petitioner Through: Mr. Swastik Singh (through videoconferencing) and Mr. Shreshtah Raj Shrivastava, Advocates. versus SH. HAWALDAR SINGH AND ORS .....Respondents Through: Mr. Muddassir Daiyyan, Advocate for R-1. Mr. Varun Gupta, Advocate for R-3 (through videoconferencing). CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner/defendant no.2 has assailed order dated 15.04.2025 of the learned trial court, whereby his application for review of order dated 22.07.2024 and recall of PW1 for cross-examination was dismissed. 2. It appears that earlier, the suit was pending for cross-examination of PW1 by counsel for defendant no.3. The present petitioner (defendant no.2) had filed an application to summon official records with which PW1 had to be confronted. On 22.07.2024, when the trial was listed, cross-examination of PW1 on behalf of defendant no.3 was closed and another opportunity was granted to petitioner to cross-examine PW1 on 05.08.2024. On 05.08.2024, CM(M) 1050/2025 Page 1 of 3 pages Digitally signed by GIRISH KATHPALIA Signature Not Verified GIRISH DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec 45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15 Digitally Signed 570996b40f80cbd2eee60402c487965ff801 e26fa, cn=GIRISH KATHPALIA Date: 2025.12.09 17:08:05 -08'00' By:NEETU N NAIR Signing Date:09.12.2025 18:10:36 the official witness summoned at request of defendant no.2 appeared but without records, so that witness was discharged, posting the matter to 24.08.2024 on an application for recall of earlier