ASHOK ARORA vs RAJENDER SINGH

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 26th February, 2026 + CM(M) 447/2026 ASHOK ARORA .....Petitioner Through: Appearance not given. versus RAJENDER SINGH .....Respondent 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. 13299/2026 (for exemption) 2. Allowed, subject to all just exceptions. 3. Accordingly, the present application is disposed of. CM(M) 447/2026 & CM APPL. 13298/2026 (for stay) 4. The present petition has been filed by the petitioner/ defendant under Article 227 of the Constitution of India, 1950, assailing the order dated 12th February, 2026, passed by the trial court in SCJ No. 96365/2016, whereby the application seeking recall of the order dated 12th November, 2025 has been dismissed. 5. Heard. Record perused. 6. The Trial Court vide Order dated 12th November, 2025, has closed the right of the petitioner to lead his evidence. Learned Counsel for the petitioner Signature Not Verified Signed By:VAISHALI CM(M) 447/2026 Page 1 of 3 CHAUHAN Signing Date:27.02.2026 11:38:12 has argued that if the petitioner is not allowed to lead his defence evidence, serious prejudice would be caused to the defence of the petitioner. The petitioner could not lead his evidence on account of his old age and one more opportunity be granted to the petitioner to lead his evidence. 7. The order dated 12th November, 2025 reads as follows: “Previous cost stands paid. Matter is at the stage of DE. Perusal of previous order sheets shows that matter is listed for DE since 02.11.2023. Thereafter the repeated adjournments had been sought by the defendant. Then the matter was even sent to mediation, which was received back with the report non sta