Shabnam Vs Manju Rohatgi — Writ and Judicial Review | Delhi HC (2026)

Shabnam Vs Manju Rohatgi — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petitioner permitted one more opportunity to cross-examine PW1, subject to payment of cost of Rs. 20,000/- to the respondent and subject to the availability of the said witness; respondent at liberty to seek further cross-examination of petitioner's witnesses by application before the learned Trial Court, which the petitioner shall not oppose; petition disposed of along with pending application(s), if any.

Issue for consideration

Whether the petitioner (defendant) should be granted one more opportunity to cross-examine PW1, notwithstanding the learned Trial Court's dismissal of her application under Order XVIII Rule 17 of the Code of Civil Procedure, 1908. +1 more

Court's answer

It being in the interest of justice, the petitioner is granted one more opportunity to cross-examine PW1; accordingly, the petitioner is permitted to do so, subject to payment of cost of Rs. 20,000/- to the respondent.

Ratio / Principle

The fresh cross-examination of PW1 is subject to the availability of the said witness; otherwise, the evidence already recorded shall be read as such.

Key takeaways

If the respondent seeks to further cross-examine the petitioner's witnesses in light of the cross-examination of PW1, the respondent is at liberty to move an appropriate application before the learned Trial Court, which the petitioner shall not oppose; such cross-examination is subject to the availability of those witnesses, otherwise the evidence already recorded shall be read as such.ratio¶¶24
The learned Trial Court may permit the petitioner to cross-examine PW1 on the date already fixed or on any other date convenient to the Trial Court.ratio¶¶25

Detailed headnote1 paragraphs

High Court of Delhi at New Delhi | CM(M) 795/2026 (decided 13 April 2026, oral order) | Rajneesh Kumar Gupta, J.: Petitioner-defendant SHABNAM, under Article 227 of the Constitution of India, 1950, assailed the order dated 08 January 2026 of the learned Trial Court in CS SCJ No. 146/24 dismissing her application under Order XVIII Rule 17 of the Code of Civil Procedure, 1908 for recalling PW1 for cross-examination. With respondent MANJU ROHATGI's counsel consenting (subject to costs and reciprocal opportunity), the petition was disposed of: the petitioner was granted one more opportunity to cross-examine PW1, subject to payment of cost of Rs. 20,000/- to the respondent and subject to the availability of the witness, failing which the evidence already recorded shall be read as such; the respondent may seek further cross-examination of the petitioner's witnesses by moving an appropriate application before the learned Trial Court, which the petitioner shall not oppose (similarly subject to witness availability); the timing of the cross-examination was left to the Trial Court (date already fixed or any convenient date).

$~69

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 13^th April, 2026

- CM(M) 795/2026, CM APPL. 23679/2026 & CM APPL. 23680/2026

SHABNAM .....Petitioner

Through: Mr. Manish Pratap Singh, Advocate (through VC).

versus

MANJU ROHATGI .....Respondent Through: Mr. Rahul Singh Chauhan and Ms. Rakshita Sharma, Advocates.

CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA

ORDER (Oral)

Rajneesh Kumar Gupta, J.

This hearing has been conducted through hybrid mode.

The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 08^th January, 2026 passed by the learned Trial Court in CS SCJ No. 146/24, whereby an application filed by the petitioner/defendant under Order XVIII Rule 17 of the Code of Civil Procedure, 1908, for recalling PW1 for cross-examination has been dismissed.

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

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

Signature Not Verified

CM(M) 795/2026

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Signed By:NAMITA DHYANI Signing Da te:1 5.04.2026 11:38:54

counsels for the parties.

Heard. Record perused.

Learned counsel for the respondent/plaintiff submits that he has no objection if the present petition is allowed, however, the same be allowed subject to payment of exemplary costs. It is further submitted that the witnesses of the petitioner have already been examined and in case there is a need to further cross-examine these witnesses after the cross-examination of PW1, then an opportunity be granted to the respondent for the same.

Learned counsel for the petitioner submits that he has no objection for further cross-examination of the witnesses of the petitioner. 8. Keeping in view the facts and circumstances of the case and the submissions of the learned counsels, this Court is of the opinion that it is in the interest of justice if one more opportunity is granted to the petitioner to cross-examine PW1. Accordingly, the petitioner is permitted to cross-examine PW1, subject to payment of cost of Rs. 20,000/- to the respondent and subject to the availability of the said witness, otherwise the evidence already recorded, shall be read as such.

Further, in case the respondent seeks to further cross-examine the witnesses of the petitioner in light of the cross-examination PW1, the respondent shall be at liberty to move an appropriate application in this regard before the learned Trial Court and the petitioner shall not oppose the said application. The cross-examination of these witnesses shall be subject to the availability of the said witnesses, otherwise the evidence already recorded, shall be read as such.

Learned Trial Court may permit the petitioner to cross-examine PW1 on the date already fixed or any other date convenient to the trial Court.

Signature Not Verified

CM(M) 795/2026

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Signed By:NAMITA DHYANI Signing Da te:1 5.04.2026 11:38:54

The petition is disposed of in the above-stated terms, along with pending application(s), if any.

RAJNEESH KUMAR GUPTA, J

APRIL 13, 2026/ v /ik

Signature Not Verified

Signature Not Verified CM(M) 795/2026 Signed By:NAMITA DHYANI Signing Da te:1 5.04.2026 11:38:54

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