DHARAMVIR NANDA vs RANBIR NANDA (DECEASED) THR LR SANJEEV NANDA

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 08th May, 2026 + CM(M) 1067/2026 DHARAMVIR NANDA .....Petitioner Through: Mr. Jai Sahai Endlaw and Mr. Zubin John, Advocates. versus RANBIR NANDA (DECEASED) THR LR SANJEEV NANDA .....Respondent Through: Mr. Saurabh Pandey, 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. 30908/2026 & CM APPL. 30909/2026 (both for exemption) 2. Allowed, subject to all just exceptions. The applications stand disposed of. CM(M) 1067/2026 & CM APPL. 30907/2026 (for stay) 3. The present petition has been filed under Article 227 of the Constitution of India, assailing the orders dated 25th March, 2025 and 25th March, 2026 passed by the learned Trial Court in CS DJ 28/2016 11538/2016, whereby the petitioner/defendant’s right to cross examine PW-1, namely Sanjeev Nanda has been closed and the application to recall that order has Signature Not Verified Signed By:MANISHA CM(M) 1067/2026 Page 1 of 3 RAJPUT Signing Date:11.05.2026 11:11:41 been dismissed respectively. 4. Learned counsel for the respondent appears on advance notice and accepts notice. 5. The matter is taken up for hearing with the consent of learned counsel for the parties. 6. Heard. Record perused. 7. Learned counsel for the petitioner submits that the petitioner is aged about 90 years and, on account of his age and health-related issues, could not cross-examine PW-1. It is further submitted that PW-1 is a material witness in the case and grave prejudice would be caused to the petitioner if an opportunity to cross-examine the said witness is not granted. 8. Per contra, learned Counsel for the respondent submits that sufficient opportunities have already been