M/S SHREE KAILASH PREM FURNITURE vs SHAGUN FURNITURE

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24th March, 2026 + CM(M) 611/2026, CM APPL. 18558/2026 & CM APPL. 18559/2026 M/S SHREE KAILASH PREM FURNITURE .....Petitioner Through: Mr. Sazid S.R.Shah, Mr. Syed Bashar Afzal, Mr. Qadir Javed and Mr. Akash Saini, Advocates. versus SHAGUN FURNITURE .....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 petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 12th February, 2026, passed by the learned Trial Court in CS SCJ 1278/2021, whereby the application filed by the petitioner/defendant under Section 151 of the Code of Civil Procedure, 1908, seeking recalling of order dated 21st January, 2025, has been dismissed. 3. Vide Order dated 21st January, 2025 the right of the petitioner/defendants to lead defence evidence has been closed. 4. Heard. Record perused. 5. Learned counsel for the petitioner has argued that the trial court has passed the impugned order on the basis of surmises and conjectures which is Signature Not Verified Signed By:NAMITA CM(M) 611/2026 Page 1 of 4 DHYANI Signing Date:25.03.2026 11:25:46 against the facts on record. The evidence of the petitioner has been closed without giving sufficient opportunity to the petitioner to lead his evidence. It is further submitted by the learned counsel for the petitioner that, in absence of such an opportunity to lead evidence, grave prejudice would be caused to the case of the petitioner. 6. It is relevant to mention that the petitioner has not challenged the order dated 21st January, 2025 in this petition. The order dated 21st January, 2025 reads as fol