KISHAN vs USHA DEVI AND ANR

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 10th February, 2026 + CM(M) 126/2026 KISHAN .....Petitioner Through: Mr. Bhupesh Narula, Mrs. Rinku Narula, Mr. Anugrah Ekka and Mr. Kanishk Taneja, Advocates. versus USHA DEVI AND ANR .....Respondents Through: Mr. Monish Chhoker, Advocate. 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. 9078/2026 (for early hearing) 2. This is an application filed on behalf of the petitioner under Section 151 of the Code of Civil Procedure, 1908 seeking early hearing of the present petition. 3. Learned counsel for the respondents has appeared on advance notice and accepted notice. 4. For the ground and reasons stated in the application, the same is allowed. The present petition is taken up for hearing today with the consent of the learned counsels. 5. Accordingly, the application is disposed of. CM(M) 126/2026 Signature Not Verified Signed By:VAISHALI CM(M) 126/2026 Page 1 of 4 CHAUHAN Signing Date:11.02.2026 11:24:44 6. The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950 assailing the order dated 30th October, 2025 passed by the learned Trial Court in CS. No. 236/2023, whereby the application of the petitioner/plaintiff filed under Order XVIII Rule 17 of the Code of Civil Procedure, 1908 to recall and re-examine PW-3, namely, Mohd. Irshad Ali, has been dismissed. 7. Learned counsel for the petitioner submits that PW-3 is a material witness, being one of the attesting witnesses of the alleged will. It is further submitted that certain relevant facts could not be brought on record during the examination-in-chief of PW-3 due to inadvertence and oversight. Learned couns