SUNITA GHOSH vs PREM CHAND CHAUHAN & ORS.

Judgment text excerpt

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 11th February, 2026 + CM(M) 296/2026 SUNITA GHOSH .....Petitioner Through: Mr. Rishabh Bansal, DHCLSC with Mr. Vinayak Goyal, Advocate. versus PREM CHAND CHAUHAN & ORS. .....Respondent Through: Mr. Vikas Manchanda, Mr. Saksham Manchanda, Mr. Saad Iqbal, Ms. Riya Nagar and Ms. Vaishali, Advocates for R-1. Mr. Siddharth Gupta, Standing Counsel for MCD/R-3. 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. 9347/2026 (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 respondent Nos. 1 and 3 have appeared on advance notice and accepted notice. 4. The present petition is taken up for hearing today with the consent of the learned counsels. Signature Not Verified Signed By:MANISHA CM(M) 296/2026 Page 1 of 4 RAJPUT Signing Date:12.02.2026 11:19:55 CM(M) 296/2026 5. The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950 assailing the order dated 15th December, 2025 passed by the learned Trial Court in CS SCJ No. 1278/2018, whereby the evidence of the petitioner/defendant No.1 has been closed. 6. Heard. Record perused. 7. Learned counsel for the petitioner submits that the petitioner is required to examine two more witnesses, who are yet to be summoned. The evidence of petitioner/DW-1 was concluded on 20th November, 2025 and thereafter no sufficient opportunity was granted to the petitioner to complete her evidence and it caused grave prejudice to the case of the petitioner. 8. On the other hand, learned counsel