AFTAB AHMAD & ANR. vs MIRZA AZIZ BEG (SINCE DECEASED) THROUGH LEGAL HEIRS MIRZA ARIF BEG AND ORS.

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12th February, 2026 + CM(M) 355/2026 AFTAB AHMAD & ANR. .....Petitioners Through: Ms. Zubeda Begum and Mohd. Anis Ur Rehman, Advocates. versus MIRZA AZIZ BEG (SINCE DECEASED) THROUGH LEGAL HEIRS MIRZA ARIF BEG AND ORS. .....Respondents Through: None. 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. 9739/2026 & CM APPL. 9740/2026 (for exemption) 2. Allowed, subject to all just exceptions. Applications are disposed of. CM(M) 355/2026 & CM APPL. 9738/2026 (for interim relief) 3. The present petition has been filed under Article 227 of the Constitution of India, 1950 assailing the order dated 25th September, 2025 passed by the learned Trial Court in RC/ARC/371/2018, whereby the application filed by the petitioners/respondents for recalling the order dated 25th April, 2025 and seeking permission to lead evidence, was dismissed. 4. Heard. Record perused. 5. Learned counsel for the petitioners has argued that the petitioners could Signature Not Verified Signed By:NAMITA CM(M) 355/2026 Page 1 of 3 DHYANI Signing Date:13.02.2026 11:14:13 not lead evidence on 25th April 2025, as their previous counsel has expired and affidavit of evidence could not be filed due to non-availability of the complete certified copies of the record to the new counsel. As the non-filing of affidavit in evidence and non-examination of the witnesses is neither intentional nor deliberate, so the opportunity be granted to the petitioners to lead their evidence. 6. The relevant portion of the impugned order dated 25th September, 2025 reads as follows: “Perusal of record shows that vide order dated 26.10.2023 leave to defend application was tre