Disposed¶23

Sushila Somani v. Kiran Somany & Ors.

Delhi HC3 Feb 2026CM(M)/1119/2018

Case brief

AI extract

What is this about?

Closure of evidence; Article 227 petition to High Court of Delhi; defendant's evidence closed in Civil Suit No. 98/17 after single opportunity; one more opportunity to lead evidence granted; trial court order dated 13.08.2018 set aside in the interest of justice; CM(M) 1119/2018; petition disposed of; pending applications disposed; no appearance by respondents; Rajneesh Kumar Gupta, J.; decision 03.02.2026.

What did the court decide?

Impugned order dated 13 August 2018 set aside; petitioner granted one more opportunity to lead her evidence; pending applications, if any, also disposed of. ¶23

Sushila Somani Vs Kiran Somany & Ors. — Writ and Judicial Review | Delhi HC (2026)

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$~10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision : 03^rd February, 2026

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- CM(M) 1119/2018 SUSHILA SOMANI .....Petitioner Through: Mr. Gaurave Bhargava, Adv.

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versus

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KIRAN SOMANY& ORS .....Respondents Through: None.

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CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA

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ORDER (Oral)

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Rajneesh Kumar Gupta, J.

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This hearing has been conducted through hybrid mode.

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The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950 assailing the order dated 13^th August, 2018 passed by the learned trial court in Civil Suit No. 98/17, whereby the evidence of the petitioner/defendant has been closed.

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Nobody has appeared on behalf of the respondents.

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I have heard the learned counsel for the petitioner and perused the record.

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Learned counsel for the petitioner has argued that the trial Court has closed the petitioner’s evidence at the very first opportunity. It is further submitted that if the petitioner is not granted a further opportunity to lead evidence, grave injustice would be caused to the petitioner.

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Perusal of the record shows that the evidence of the

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Signature Not Verified

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CM(M) 1119/2018

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Page 1 of 2

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Signed By:MANISHA RAJPUT Signing Da te:0 3.02.2026 16:40:37

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respondent/plaintiff was closed on 24^th May, 2018 and thereafter the matter was fixed for the evidence of the petitioner for 13^th August, 2018. On 13^th August, 2018, as no witness was present, the evidence of the petitioner was closed.

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Keeping in view the fact that only one opportunity has been granted to the petitioner to lead her evidence, this Court is of the opinion that it would be in the interest of justice to grant one more opportunity to the petitioner to lead her evidence.

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