ALKA RANI vs NARESH KUMAR

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27th April, 2026 + CM(M) 941/2026 ALKA RANI .....Petitioner Through: Mr. Chandra Shekher Yadav and Mr. Ambuj Johar, Advocates. versus NARESH KUMAR .....Respondent Through: Mr. Pankaj Tomar, Mr. Vishal Kumar and Mr. Naveen Kishore Advocates. Ms. Vaishali Gupta, Panel Counsel for GNCTD (Civil) with Ms. Rashi Aggarwal, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. CM APPL. 27760/2026 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. CM(M) 941/2026& CM APPL. 27759/2026 (for stay) 3. The present petition has been filed under Article 227 of the Constitution of India, assailing the impugned order dated 18th March, 2026, passed by the learned Trial Court in CS No. 934/2020, whereby the application filed by the petitioner/defendant under Section 151 of Code of Civil Procedure, 1908 seeking setting aside of orders, whereby their right to cross-examine PW-1 Sh. Naresh Kumar was closed, has been dismissed. Signature Not Verified Signed By:MANISHA CM(M) 941/2026 Page 1 of 3 RAJPUT Signing Date:28.04.2026 11:19:14 4. Learned Counsel for the respondent appears on advance notice and accepts notice. 5. Heard. Record perused. 6. Learned Counsel for the petitioner has argued that PW-1 is the material witness of the case and petitioner has not been given sufficient opportunities to cross-examine him. It is further argued that grave prejudice would be caused to the petitioner if the opportunity is not granted to them to cross-examine PW-1. 7. Per Contra, learned Counsel for the respondent has argued that sufficient opportunities have already been granted by the learned Trial C