SMT PUSHPA JAIN AND ORS vs RAMESH KUMAR JAIN

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 20th January 2026 + CM(M) 2134/2025 SMT PUSHPA JAIN AND ORS .....Petitioners Through: Mr. Suneet Nagpal, Mr. Aasheesh Pandey and Mr. Sanchit Khanna, Advocates through VC. versus RAMESH KUMAR JAIN .....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. 2. The present petition has been filed by the petitioners under Article 227 of Constitution of India, 1950, assailing the order dated 24th July, 2025 passed by the learned Trial Court in CIV DJ No. 9435/2016, whereby the evidence of the petitioner/defendant has been closed. 3. I have heard the learned Counsel for the petitioner and perused the record. 4. Learned Counsel for the petitioner has argued that the petitioner is a senior and widow lady and on account of this fact, the evidence could not be produced by her. It is further argued that denial of a further opportunity to lead evidence would cause serious prejudice to her defence. 5. The impugned order dated 24th July, 2025 is reproduced as under: Signature Not Verified Signed By:VAISHALI CM(M) 2134/2025 Page 1 of 2 CHAUHAN Signing Date:21.01.2026 11:29:26 “Ld. Counsel for plaintiff submits that opportunity to the defendant was granted subject to costs vide order dated 05.07.2025, however, till date neither the earlier costs paid nor today the defendants are ready to make payment of costs. Ld. Counsel for plaintiff vehemently submits that since the year 2011 the defendants have shown the same conduct seeking adjournment after adjournment without complying with the Court orders. Record perused. Order dated 05.07.2025 perused. Defendants are not ready to make payment of costs and the opportun