VINOD KUMAR AND ORS. vs PARVATI DEVI AND ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 08th April, 2026 Date of Decision: 16th April, 2026 + CM(M) 1330/2022 & CM APPL. 51878/2022 VINOD KUMAR AND ORS. .....Petitioners Through: Ms. Gaganpreet Chawla, Advocate. versus PARVATI DEVI AND ANR. .....Respondents Through: Mr. Munish Kumar, Advocate. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER 1. The present petition has been filed by the petitioners/defendants under Article 227 of the Constitution of India, 1950 assailing the order dated 29th October, 2022 (hereinafter referred to as the “Impugned Order”) passed by the learned Trial Court in Civil Suit bearing No. 12114/2016, whereby a final opportunity was granted to the respondent No.1/plaintiff to cross-examine petitioner No.1 who is DW-3, subject to payment of cost of Rs. 5,000/- (Rupees Five Thousand Only) to him. 2. Learned counsel appearing on behalf of the petitioners has argued that vide order dated 18th April, 2017, the right of the respondent No.1 to cross-examine petitioner No.1 was closed by the trial Court after sufficient opportunities have been granted to the respondent No.1. The application seeking recall of the order dated 18th April, 2017 has been filed after a lapse of almost Four (04) years by the respondent No.1 only to fill up lacunae in his Signature Not Verified Signed By:MANISHA CM(M) 1330/2022 Page 1 of 4 RAJPUT Signing Date:16.04.2026 16:58:20 case. The application has been allowed by the trial Court without speaking order. Per contra, learned counsel for respondent No.1 has argued that respondent No.1 is around 88 years of age and is residing in Gujarat. The son of the respondent No.1 is looking after this case, respondent No.1 came to know of the order dated 18th April, 2017 only on 27th December, 2021, when the newly