SHABNAM vs MANJU ROHATGI

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 13th April, 2026 + CM(M) 795/2026, CM APPL. 23679/2026 & CM APPL. 23680/2026 SHABNAM .....Petitioner Through: Mr. Manish Pratap Singh, Advocate (through VC). versus MANJU ROHATGI .....Respondent Through: Mr. Rahul Singh Chauhan and Ms. Rakshita Sharma, Advocates. 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 by the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 08th January, 2026 passed by the learned Trial Court in CS SCJ No. 146/24, whereby an application filed by the petitioner/defendant under Order XVIII Rule 17 of the Code of Civil Procedure, 1908, for recalling PW1 for cross-examination has been dismissed. 3. Learned Counsel for the respondent appears on advance notice and accepts notice. 4. The matter is taken up for hearing with the consent of the learned Signature Not Verified CM(M) 795/2026 Page 1 of 3 Signed By:NAMITA DHYANI Signing Date:15.04.2026 11:38:54 counsels for the parties. 5. Heard. Record perused. 6. Learned counsel for the respondent/plaintiff submits that he has no objection if the present petition is allowed, however, the same be allowed subject to payment of exemplary costs. It is further submitted that the witnesses of the petitioner have already been examined and in case there is a need to further cross-examine these witnesses after the cross-examination of PW1, then an opportunity be granted to the respondent for the same. 7. Learned counsel for the petitioner submits that he has no objection for further cross-examination of the witnesses of the petitioner. 8. Keeping in view the facts and circumstance