Dharamvir Nanda Vs Ranbir Nanda (Deceased) Thr Lr… — Writ and Judicial Review | Delhi HC (2026)

Dharamvir Nanda Vs Ranbir Nanda (Deceased) Thr Lr… — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

One more opportunity to the petitioner to cross-examine PW-1, subject to payment of costs of Rs. 2,000/- to the respondent; the petition and pending applications stand disposed of (exemption applications CM APPL. 30908/2026 and 30909/2026 already allowed and disposed of).

Issue for consideration

Whether the petitioner/defendant, whose right to cross-examine PW-1 (Sanjeev Nanda) was closed by the Trial Court, should be granted a further opportunity to cross-examine PW-1, and on what conditions (including costs).

Court's answer

With the matter still at the stage of plaintiff's evidence, granting one more opportunity to the petitioner to cross-examine PW-1 would be in the interest of justice, as the respondent can be compensated with costs.

Ratio / Principle

One more opportunity is granted to the petitioner to cross-examine PW-1, subject to payment of costs of Rs. 2,000/- (Rupees Two Thousand Only) to the respondent.

Key takeaways

It is open to the learned Trial Court to permit the cross-examination of PW-1 on the date already fixed or on any other convenient date.ratio¶¶27

Detailed headnote1 paragraphs

High Court of Delhi at New Delhi (Rajneesh Kumar Gupta, J.), oral order dated 08.05.2026 in CM(M) 1067/2026 under Article 227 of the Constitution of India. Dharamvir Nanda (aged about 90 years, pleading age and health-related inability to appear) challenged Trial Court orders dated 25.03.2025 and 25.03.2026 in CS DJ 28/2016 11538/2016, by which his right to cross-examine PW-1, Sanjeev Nanda, was closed and his application to recall that order was dismissed. Noting that the suit was still at the stage of plaintiff's evidence and that the respondent could be compensated with costs, the Court granted the petitioner one more opportunity to cross-examine PW-1, subject to payment of Rs. 2,000/- costs to the respondent (Ranbir Nanda, deceased, through legal representative Sanjeev Nanda), leaving the date of cross-examination to the Trial Court's convenience. Petition disposed of accordingly; exemption applications allowed, other pending applications disposed of.

$~53

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 08^th 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.

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)

The present petition has been filed under Article 227 of the Constitution of India, assailing the orders dated 25^th March, 2025 and 25^th 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

CM(M) 1067/2026

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Signed By:MANISHA RAJPUT Signing Da te:1 1.05.2026 11:11:41

been dismissed respectively.

Learned counsel for the respondent appears on advance notice and accepts notice.

The matter is taken up for hearing with the consent of learned counsel for the parties.

Heard. Record perused.

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.

Per contra , learned Counsel for the respondent submits that sufficient opportunities have already been granted by the learned Trial Court to the petitioner to cross-examine PW-1. Despite the same, the petitioner has failed to cross-examine PW-1. It is further submitted that the present petition has been filed only to delay the trial proceedings and is liable to be dismissed.

A perusal of the record shows that the matter is still at the stage of plaintiff’s evidence. Keeping in view the facts and circumstances of the case, this Court is of the view that it would be in the interest of justice, if one more opportunity is granted to the petitioner to cross-examine PW-1, as the respondent can be compensated with costs.

Accordingly, one more opportunity is granted to the petitioner to cross-examine PW-1, subject to payment of costs of Rs. 2,000/- (Rupees Two Thousand Only) to the respondent.

It shall be open to the learned Trial Court to allow cross-examination of PW-1 on the date already fixed or on any other date as may be convenient to

Signature Not Verified

CM(M) 1067/2026

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Signed By:MANISHA RAJPUT Signing Da te:1 1.05.2026 11:11:41

the learned Trial Court.

The present petition is disposed of in the above terms. Pending application(s), if any, also stand disposed of.

RAJNEESH KUMAR GUPTA, J

MAY 8, 2026/ nd/abk

Signature Not Verified

Signed By:MANISHA CM(M) 1067/2026 RAJPUT Signing Da te:1 1.05.2026 11:11:41

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