Smt.Roopwati v. Sh. Gajraj @ Gajji and Ors.

Delhi HC16 Feb 2026CM(M)/283/2026

Case brief

AI extract

What is this about?

Article 227 petition, Delhi High Court, CM(M) 283/2026, Roopwati v. Gajraj @ Gajji and others; closure of plaintiff's evidence in CS SCJ no. 478/2022 by Trial Court order dated 08.12.2025; one last/final opportunity granted to examine two witnesses including plaintiff; conditional on costs of Rs.12,000/- to defendants/respondents; evidence to be led by affidavit before next date of hearing; exemption applications allowed; petition and pending applications disposed of; decision dated 16 February 2026.

What did the court decide?

Petition disposed of: one more opportunity granted to the petitioner to lead evidence of two witnesses (including herself) subject to payment of Rs.12,000/- costs to the respondents; evidence to be filed by affidavit before the next date of hearing; pending application(s), if any, also stand disposed of. ¶¶27

Smt.Roopwati Vs Sh. Gajraj @ Gajji and Ors. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether one more opportunity should be granted to the petitioner to lead her evidence after the Trial Court closed her evidence, and on what terms (including compensation to respondents by way of costs).

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Court's answer

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/- to the respondents, the Court being of the opinion that this would be in the interest of justice and the respondents can be compensated by way of costs.

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Ratio / Principle

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.

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Key takeaways

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.ratio¶¶22

Detailed headnote1 paragraphs

High Court of Delhi (Rajneesh Kumar Gupta, J.), CM(M) 283/2026, decided 16 February 2026 (oral order): Petition under Article 227 of the Constitution of India by Smt. Roopwati assailing the Trial Court order dated 08 December 2025 in CS SCJ no. 478/2022 whereby her evidence as plaintiff had been closed. Petitioner pleaded inability to lead evidence owing to age and medical condition, requiring examination of only two witnesses including herself; respondents contended sufficient opportunities had already been given and the petition sought only delay. Holding the course in the interest of justice with respondents compensable by costs, the Court granted one more opportunity to lead evidence of 02 (two) witnesses, including the petitioner herself, subject to payment of costs of Rs.12,000/- (Rupees Twelve Thousand Only) to the respondents; evidence to be filed by affidavit before the learned Trial Court prior to the next date of hearing with advance copy to the opposite side, recording of evidence left to the Trial Court's convenience on the date fixed or otherwise. Petition and pending application(s) disposed of accordingly.

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IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 16^th February, 2026

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- CM(M) 283/2026 SMT.ROOPWATI .....Petitioner

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Through: Mr. Abhay Kumar, Mr. Vijay Pratap Singh and Mr. Shrikant Shukla, Advocates.

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versus

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SH. GAJRAJ @ GAJJI AND ORS .....Respondents Through: Mr. Kabir Kr. Hazarika, Mr. Surender Kumar, Mr. Abhay Singh, Mr. Anshul B. and Mr. Mayank, Advocates.

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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. CM APPL. 7787/2026 & CM APPL. 7788/2026 (for exemptions)

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Allowed, subject to all just exceptions. The application stands disposed of.

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CM(M) 283/2026 & CM APPL. 7789/2026

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The present petition has been filed under Article 227 of the Constitution of India, assailing the order dated 08^th December, 2025 passed by the learned Trial Court in CS SCJ no. 478/2022 , whereby the evidence of the petitioner/plaintiff has been closed.

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Learned Counsel for the respondents appears on advance notice and

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CM(M) 283/2026

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Page 1 of 3

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Signature Not Verified

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Signed By:MANISHA RAJPUT Signing Da te:1 7.02.2026 11:10:33

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accepts notice.

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Heard. Record Perused.

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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.

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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.

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CM(M) 283/2026

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Page 2 of 3

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Signature Not Verified

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Signed By:MANISHA RAJPUT Signing Da te:1 7.02.2026 11:10:33

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