$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1424/2026 & CM APPL. 42262/2026 R L NAGPAL .....Petitioner Through: Mr. Rajiv Tyagi, Advocate versus DELHI DELVELOPMENT AUTHORITY & ORS. .....Respondents Through: Ms. Mrinalini Sen, SC with Ms. Aditi Saxena, Advocate CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 10.07.2026 CM APPL. 42263/2026 (Exemption) 1. Exemption allowed, subject to just exceptions. 2. Accordingly, the application stands disposed of. CM(M) 1424/2026 3. By way of the present petition, the petitioner challenges the impugned order dated 05.05.2026, passed by learned District Judge-01, South-West, Dwarka Courts, New Delhi, in Cs No. 516568/2016, whereby petitioners’ application under Order XVI Rule 1 and 6 of the code of Civil Procedure, 1908 (“CPC”), was dismissed. 4. Learned counsel for the petitioner submits that the suit pertains to declaration, permanent and mandatory injunction in respect of an alternative plot allotted by the Delhi Development Authority, the petitioner’s claim being founded, inter alia, upon a registered Will dated 04.12.2003 executed This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:11:24 by the original allottee in his favour. 5. It is submitted that the petitioner’s evidence came to be closed on 18.09.2023 on account of an inadvertent omission on the part of the Sub- Registrar without specifying the requisite record to be produced. It is contended that the closure of evidence was not attributable to any default on the part of the petitioner and that the application under Order XVI Rules 1 and 6 CPC seeking reopening of evidence for examination of the attesting witnesses to the registered Will, which is stated to be a material document, for adjudication of the controversy, has been rejected without due consideration. 6. Learned counsel for the petitioner prays that one last and final opportunity be granted to the petitioner to lead his evidence, submitting that the petitioner is about 90 years of age, is residing outside India, and is presently bedridden. It is further submitted that the matter is listed before the learned Trial Court on 16.07.2026. 7. Per contra, learned counsel appearing for the respondent, on advance notice, opposes the prayer and submits that the petitioner has already been afforded several opportunities over the years to lead evidence, but has failed to avail the same. It is, therefore, contended that no further indulgence is warranted. 8. Heard learned counsel for the parties and perused the record. 9. Having regard to the facts and circumstances of the case, particularly considering the nature of the evidence sought to be led, and the explanation furnished by the petitioner, this Court is of the view that the interest of justice would be served by granting the petitioner one last and final opportunity to lead his evidence within a period of four weeks from today, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:11:24 subject to deposit of costs of Rs. 2,00,000/- within three days with the DHCBA Women Advocates Welfare Fund i.e., saving account no. 15530110172858 (IFSC- UCBA0001553), Bank Name- UCO Bank, Branch- Delhi. 10. The learned Trial Court shall afford the petitioner one last and final opportunity to lead his evidence and shall fix an appropriate date for examination of the witness(es) sought to be examined by the petitioner. 11. With the above observations, the present petition, along with pending applications, if any, stands disposed of. AJAY DIGPAUL, J JULY 10, 2026 gs/dd This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:11:24