BRIGADIER BALWANT DAHIYA TRUST vs SHAKUNTALA DAHIYA AND ORS

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30th July, 2025 CM(M) 1403/2025 & CM APPL. 46126-46127/2025 BRIGADIER BALWANT DAHIYA TRUST .....Petitioner Through: Mr. Manish Kaushik, Mr. Mishal Johari, Mr. Vikas Ashwani and Ms. Yashpriya Sahran, Advocates versus SHAKUNTALA DAHIYA AND ORS .....Respondent Through: Mr. L.K. Singh, Advocate for R-1 Mr. Shivain Vaidialingam, Advocate for R-2 & R-5 Ms. Sangeeta Bharti, Ms. Shefali Sangwan and Mr. Ashish Kumar, Advocates for R-3 & R-4 CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defendant no. 5 before the learned Trial Court. 2. On 07.05.2025, learned Trial Court permitted defendant no. 5 to issue summons to one witness of his. 3. Such witness is, reportedly, Lieutenant Colonel Uday Bhan Dahiya. 4. However, when the matter was taken up by the learned Trial Court on 25.07.2025, noticing that the witness was not residing at the given address and there was no service despite the fact that process was issued dasti, learned Trial Court has closed the opportunity of defendant to lead further evidence. 5. Such order is under challenge. 6. Learned counsel for petitioner submits that he is seeking one la