ASHOK KUMAR SINGH & ORS. vs DHRUB PRASAD SINGH

Judgment text excerpt

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 03rd February, 2026 + CM(M) 3588/2024 & CM APPL.59740/2024 ASHOK KUMAR SINGH & ORS. .....Petitioners Through: Mr. F.K. Jha, Mr. Gaurav Jha and Ms. Shalini Jha, Advocates. versus DHRUB PRASAD SINGH .....Respondent Through: Mr. Shailender Dahiya, Advocate. 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, assailing the impugned order dated 21st September, 2024, passed by the learned Trial Court in CS DJ No. 466/2019, and seeking a direction to the Trial Court to proceed with the trial after granting an opportunity to the parties to lead evidence. 3. I have heard the ld. Counsel for the parties and perused the record. 4. Ld. Counsel for the petitioners has argued that the issues in the present case were already framed, and thereafter, the matter was listed for plaintiff’s evidence. It is further argued that instead of proceeding with the trial and permitting the parties to lead evidence, the learned Trial Court has passed the impugned order which will prejudice the case of the petitioner. 5. Per contra, ld. Counsel for the respondent has argued that the Signature Not Verified Signed By:MANISHA CM(M) 3588/2024 Page 1 of 3 RAJPUT Signing Date:03.02.2026 16:40:37 impugned order is merely procedural in nature and no substantive order has been passed. It is further submitted that the learned Trial Court is empowered to hear the matter where the issues involved appear to be purely legal. Accordingly, it is contended that the present petition be dismissed as not maintainable. 6. The impugned order dated 21st September, 202