DEVI PRASAD THROUGH ATTORNEY SANDEEP SONI vs DWARIKA PRASAD & ORS.

Judgment text excerpt

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 16th April, 2026 + CM(M) 832/2026 DEVI PRASAD THROUGH ATTORNEY SANDEEP SONI .....Petitioner Through: Mr. Kustubh Singh and Ms. Sunakshi Gupta Laroyia, Advocates. versus DWARIKA PRASAD & ORS. .....Respondents Through: Ms. Himani Aggarwal, Advocate for R-4. 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. 24475/2026 (for delay in re-filing) 2. This is an application filed by the petitioner under Section 151 of the Code of Civil Procedure, 1908 seeking condonation of delay in re-filing the present petition. 3. For the grounds and reasons stated therein, the application is allowed. The delay of 13 days in re-filing the present petition is condoned. 4. Accordingly, the application is disposed of. CM(M) 832/2026 5. The present petition has been filed on behalf of the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 18th February, 2026, passed by the learned Trial Court in CS DJ No. 269/2025, Signature Not Verified Signed By:MANISHA CM(M) 832/2026 Page 1 of 2 RAJPUT Signing Date:17.04.2026 12:17:24 whereby the petitioner/plaintiff has been granted the opportunity to file the list of witnesses along with the evidence-affidavit, subject to cost of Rs. 5,000/- to be paid to each of the respondents/defendants. 6. Heard. Record perused. 7. Learned counsel for the petitioner has argued that the petitioner has filed an application under Order XII Rule 6 of the CPC. The delay, if any, in filing the list of witnesses is on account of moving of this application in the trial Court and therefore, the costs imposed upon the petitioner is unreasonable. 8. Issues have been framed in the