SMT JYOTI & ANR. vs SH HITESH BAJAJ

Judgment text excerpt

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 06th May, 2026 + CM(M) 1036/2026, CM APPL. 30194/2026 & CM APPL. 30195/2026 SMT JYOTI &ANR. .....Petitioners Through: Mr. Rajender Chhabra and Ms. Vanya Chhabra, Advocates. versus SH HITESH BAJAJ .....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 the Constitution of India, 1950, assailing the impugned order dated 25th March, 2025, 08th July, 2025 and 07th January, 2026, passed by the learned Trial Court in CS SCJ No. 612536/2016, whereby the learned Trial Court closed the evidence of the petitioners/plaintiffs. 3. Heard. Record perused. 4. Learned Counsel for the petitioners submits that the learned Trial Court has passed the impugned order on the basis of surmises and conjectures, which is against the facts and law. It is further submitted that, in case the petitioners are not allowed to examine the witnesses, grave prejudice shall be caused to the case of the petitioners. It is prayed that opportunity be granted to Signature Not Verified Signed By:MANISHA CM(M) 1036/2026 Page 1 of 2 RAJPUT Signing Date:07.05.2026 11:21:54 the petitioners to lead their evidence. 5. A perusal of the record shows that vide order dated 23rd October, 2024, the evidence of the petitioners was closed. Thereafter, the petitioners moved an application for recall of the said order, which was allowed vide order dated 25th March, 2025, subject to payment of cost and a last opportunity was granted to the petitioners to examine their witnesses. Further, vide order dated 08th July, 2025, the PE was again closed as the petitioner did not l