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Delhi High Court
Smt.Roopwati vs Sh. Gajraj @ Gajji And Ors on 16 February, 2026
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 16th February, 2026
+ CM(M) 283/2026
SMT.ROOPWATI .....Petitioner
Through: Mr. Abhay Kumar, Mr. Vijay Pratap
Singh and Mr. Shrikant Shukla,
Advocates.
versus
SH. GAJRAJ @ GAJJI AND ORS .....Respondents
Through: Mr. Kabir Kr. Hazarika, Mr. Surender
Kumar, Mr. Abhay Singh, Mr. Anshul
B. and Mr. Mayank, Advocates.
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. 7787/2026 & CM APPL. 7788/2026 (for exemptions)
2. Allowed, subject to all just exceptions. The application stands disposed
of.
CM(M) 283/2026 & CM APPL. 7789/2026
3. The present petition has been filed under Article 227 of the
Constitution of India, assailing the order dated 08th December, 2025 passed
by the learned Trial Court in CS SCJ no. 478/2022, whereby the evidence of
the petitioner/plaintiff has been closed.
4. Learned Counsel for the respondents appears on advance notice and
accepts notice.
5. Heard. Record Perused.
6. Learned Counsel for the petitioner has argued that petitioner was
unable to lead her evidence because of her age and medical condition. It is
further argued that in case an opportunity to lead evidence is not granted,
grave prejudice would be caused to the petitioner. It is submitted that only 02
(two) witnesses, including the petitioner herself, are required to be examined.
7. Per contra, learned Counsel for the respondents has argued that
sufficient opportunities had been granted by the learned Trial Court to the
petitioner to lead evidence. However, despite such opportunities, no evidence
was led. It is further argued that the present petition has been filed only with a
view to delay the proceedings and is liable to be dismissed.
8. Keeping in view the facts and circumstances of the case, this Court is of
the opinion that it would be in the interest of justice that one more opportunity
be granted to the petitioner to lead her evidence, as the respondents can be
compensated by way of costs. Accordingly, one more opportunity is granted
to the petitioner to lead the evidence of 02 (two) witnesses, including herself,
subject to payment of costs of Rs.12,000/- (Rupees Twelve Thousand Only)
to the respondents.
9. The petitioner shall file her evidence by way of affidavit before the
learned Trial Court prior to the next date of hearing, with an advance copy to
the opposite side.
10. It shall be open to the learned Trial Court to record the evidence of the
petitioner on the date already fixed or on any other date convenient to the
learned Trial Court.
11. Accordingly, the present petition is disposed of in the above-stated
terms. Pending application(s), if any, also stand disposed of.
RAJNEESH KUMAR GUPTA, J
FEBRUARY 16, 2026/v/abk
