CHANDER SHEKHAR SETHI AND ANR vs VINOD SETHI

Judgment text excerpt

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03rd September, 2025 + CM(M) 1708/2025 & CM APPL. 55595-55596/2025 CHANDER SHEKHAR SETHI AND ANR .....Petitioner Through: Mr. Anuroop P.S. and Mr. Sachin Wadhwa, Advocates. versus VINOD SETHI .....Respondent Through: Mr. Somesh Arora, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are defending a suit which seeks recovery of possession, mesne profits and injunction. 2. The grievance raised by the petitioner is to the order dated 28.08.2024, whereby their right to lead evidence in defense has been closed. 3. It is submitted that on the given date, there was a request from the side of the learned counsel for defendant who had undergone a tooth surgery and was unable to come. The learned Trial Court, somehow, took the abovesaid request as a dilatory tactic and has closed the opportunity of defendant to lead evidence. 4. It is submitted that defendant has not been able to examine even a single witness and, if the opportunity is not granted to the defendants, it would cause demonstrable prejudice to their defence. 5. Learned counsel for respondent appears on advance notice. Signature Not Verified Digitally Signed CM(M) 1708/2025 1 By:DINESH CHANDRA Signing Date:04.09.2025 19:45:06 6. Mr. Somesh Arora, learned counsel for plaintiff submits that the approach of the defendants is completely casual and nonchalant and, at an earlier point of time, they did not even bother to cross-examine the plaintiff and had to file a separate petition and this Court, vide order dated 22.08.2025 passed in CM(M) 1578/2025, has given them one final opportunity to cross-examine plaintiff-Mr. Vinod Sethi who has to fly back to India for the abovesaid cross-examination which is took place on 19t