DINKU KAKKAR vs RAJPAL

Judgment text excerpt

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 08th May, 2026 + CM(M) 89/2026 & CM APPL. 2219/2026 DINKU KAKKAR .....Petitioner Through: Mr. Siddharth Arora, Mr. Yash Dhyani, Mr. Gaurav Kumar and Ms. Jasleen Kaur, Advs. versus RAJPAL .....Respondent Through: Mr. Veer Singh and Mr. Arjun Singh, Advs. (through VC) 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 on behalf of the petitioner/plaintiff under Article 227 of the Constitution of India, 1950, assailing the order dated 28th November, 2025 passed by the learned Trial Court in CIV DJ No. 377/2025, whereby the opportunity of the petitioner to file the replication as well as the affidavit(s) of admission/denial of documents have been closed. 3. Heard. Record perused. 4. Learned Counsel for the petitioner submits that the petitioner is pressing only for the relief pertaining to filing of the affidavit(s) of admission/denial of documents filed on behalf of the respondent. It is submitted that the affidavit(s) could not be filed earlier as the matter has been Signature Not Verified Signed By:VAISHALI CM(M) 89/2026 Page 1 of 2 CHAUHAN Signing Date:08.05.2026 17:07:33 referred to the Mediation Centre and no sufficient opportunity had been given to the petitioner for the said purpose. 5. Learned Counsel for the respondent submits that the respondent’s opportunity to file the affidavit(s) of admission/denial has also been closed by the same impugned order and in case, the petitioner was granted any further opportunity, a similar opportunity may also be granted to the respondent. 6. Keeping in view the facts and circumstances of the case, and in the interest of justice, one mor