DILBAGH SINGH vs TEJPAL SINGH & ORS.

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21st April, 2026 + CM(M) 2182/2025 & CM APPL. 71241/2025 DILBAGH SINGH .....Petitioner Through: Mr. Sanjay Mishra and Mr. Kartikey Mittal, Advocates (Through VC). versus TEJPAL SINGH & ORS. .....Respondents Through: Mr. Vijay Zaveri, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed under Article 227 of the Constitution of India, assailing the order dated 30th October, 2025, passed by the learned Trial Court in CS DJ No. 8870/2016, whereby the right of the petitioner/defendant to lead evidence has been closed. 3. Heard. Record perused. 4. Learned counsel for the petitioner submits that the learned Trial Court has closed the right of the petitioner/defendant to lead evidence without granting sufficient opportunities. It is further submitted that, if the petitioner is not granted an opportunity to lead evidence, grave injustice would be caused to the petitioner. 5. Per contra, learned counsel for the respondent submits that the learned Trial Court has granted sufficient opportunities to the petitioner to lead Signature Not Verified Signed By:VAISHALI CM(M) 2182/2025 Page 1 of 3 CHAUHAN Signing Date:22.04.2026 11:47:14 evidence. However, the petitioner has failed to avail the same, and the present petition has been filed only to delay the trial of the case. 6. The impugned order dated 30th October, 2025 reads as under: “Today the matter is fixed for examination in chief and cross examination of DW1. On 10.10.2025 plaintiff’s evidence was closed and it was directed that evidence affidavit of DW1 be filed before the next date of hearing. It was also made clear that