SUDESH AND ORS vs VIJENDER SINGH AND ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 18.09.2025 Judgment pronounced on: 25.09.2025 + FAO (OS) 42/2025, CM APPL. 20633/2025, CM APPL. 20635/2025 SUDESH & ORS. .....Appellants Through: Mr. Gaurav Sarin, Sr. Adv. with Mr. Pradeep Khatri, Mr. Sahil Bhardwaj, Mr. Preet Pal Singh, Ms. Tabupreet Kaur, Ms. Medha Navami, Advs. versus SH. VIJENDER SINGH & ORS. .....Respondents Through: Ms. Smita Maan, Mr. Vishal Maan, Mr. Kartik Dabas, Mr. Yuvraj Dahiya, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. In substance, the issue before this Court is whether the sole surviving attesting witness to the Will should or should not be permitted to appear once the defence evidence has been formally closed. It is noteworthy that his affidavit in lieu of examination-in- chief was filed as far back as 31.08.2015 and continues to remain part of the record. The only step pending is his cross-examination, which Signature Not Verified FAO (OS) 42/2025 Page 1 of 17 Signed By:SAVITA PASRICHA Signing Date:25.09.2025 12:24:26 could not be conducted earlier on account of his non-appearance. 2. The present Appeal filed under Section 10 of the Delhi High Court Act, 1966 [hereinafter referred to as “DHCA”] read with Delhi High Court Rules assails the correctness of order dated 08.01.2025 [hereinafter referred to as “Impugned Order”], passed by learned Single Judge in I.A. No. 4224/2024 in CS (OS) No. 1546/2009, whereby the learned Single Judge dismissed the application filed by the Appellants [Defendants No.2 to 4 before learned Single Judge] under Order XVI Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”], seeking permission to summon and exa