REKHA AJMANI vs SUNITA JAIN

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28th May, 2025 + CM(M) 1025/2025 & CM APPL. 33583-33584/2025 REKHA AJMANI .....Petitioner Through: Mr. Sunil Dalal, Senior Advocate with Mr. Vikram Singh Dalal, Ms. Shipra Bali and Mr. Pratham Chawla, Advocates versus SUNITA JAIN .....Respondent Through: Mr. Ruchir Batra, Advocate (Through VC) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Learned counsel for respondent/plaintiff appears on advance notice and has joined the proceedings through videoconferencing. 2. The point raised in the present petition is a very short one. 3. Petitioner herein is defending a suit for recovery and seeks one last opportunity to examine one witness in her defence. 4. Mr. Sunil Dalal, learned Senior Counsel for petitioner submits that affidavit of DW Mr. Shamit Ajmani (son of the defendant) has already been placed on record and advance copy thereof has already been duly supplied. 5. It is also submitted that for the reasons beyond control, the aforesaid witness could not appear before the learned Trial Court and since defendant has not examined any other witness, it will be travesty of justice if the case is, eventually, disposed of, without there being any evidence in defence from the side of the defendant. Signature Not Verified Digitally Signed CM(M) 1025/2025 1 By:SONIA THAPLIYAL Signing Date:29.05.2025 11:17:12 6. Learned counsel for respondent/plaintiff, without prejudice to his rights and contentions, submits that though defendant does not deserve any further indulgence, he would have no objection if subject to imposition of exemplary cost, one last and final opportunity in this regard is granted to them. 7. Case is fixed today itself before the learned Trial Court. 8. After hearing learned counsel