$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010348022026 + CM(M) 1686/2026 & CM APPL. 50139/2026 KARTAR SINGH BATRA .....Petitioner Through: Ms. Deepanshi Ishar, Advocate. versus AJAY CHADHA .....Respondent Through: Respondent in person. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 04.08.2026 1. Through the present petition, the petitioner seeks to assail the order dated 05.05.2026 passed by the learned ACJ-cum-CCJ-cum-ARC, West, Tis Hazari Courts, Delhi in CS SCJ No. 1095/2020 whereby the learned trial court closed the petitioner/defendant’s right to cross-examine PW1. 2. The respondent instituted the underlying suit for recovery of ₹3,00,000, against which the petitioner filed a written statement contending that the suit is vexatious and frivolous. 3. The learned trial court framed two issues vide order dated 08.05.2024 and directed the respondent/plaintiff to file his list of witnesses along with the evidence by way of affidavit within 15 days. It is the petitioner’s case that the respondent filed his evidence affidavit with a delay of 9 months, and has since then, been solely responsible for the delay in the trial proceedings, 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 07/08/2026 at 11:23:39 as evidenced by the orders of the learned trial court dated 28.04.2025, 14.07.2025 and 24.03.2026. 4. The learned trial court vide order dated 24.03.2026 noted that the matter was fixed for PE the respondent/plaintiff who had to be examined was not physically present. Thus, as a last and final opportunity, the matter was adjourned for 05.05.2026. 5. On 01.05.2026, the father-in law of the petitioner’s counsel suddenly demised and hence the petitioner’s counsel had to urgently go to Ujjain for her familial duties. Meanwhile, on 05.05.2026 when the matter was fixed for PE, the learned trial court noted that the matter has not proceeded past the stage of PE since the last 5 dates and that no further opportunity was to be granted to the petitioner. Thus, the petitioner’s right to cross-examine the respondent was closed. 6. The learned counsel for the petitioner has submitted that the petitioner’s conduct has been diligent and proper and it was only because of an unforeseen need that the petitioner’s counsel was unavailable on the given day. Furthermore, despite the emergent and unforeseen circumstance, the petitioner’s daughter, who was virtually connected, apprised the court and sought for an indulgence, thereby showing the petitioner’s respect towards the court’s time. 7. She further submitted that the learned trial court has erred in holding that the delay in conducting PE is attributable to the petitioner, when in fact, the petitioner has been prompt, and any delay is solely attributable to the respondent. 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 07/08/2026 at 11:23:39 8. Lastly, she submitted that the respondent has only listed himself as a witness, and that denial of his cross-examination would significantly prejudice the petitioner in his trial. 9. Heard. Perused the record. 10. This Court is of the opinion that while passing any order, due regard must be had to the spirit of justice and equity. In the present case, the sudden demise of the father in-law of petitioner’s counsel necessitated her presence in Ujjain, and thus, her absence on 05.05.2026 before the learned trial court was unavoidable. 11. Accordingly, the present petition is allowed, and the order dated 05.05.2026 is set aside and the petitioner’s right to cross-examine the respondent is restored. The learned trial court is directed to take up the matter for cross-examination of the respondent as per their earliest convenience. It is made clear that this Court has not gone into, or expressed its opinions on the merits of the matter. 12. The present petition, along with pending applications, if any, are disposed of. AJAY DIGPAUL, J AUGUST 4, 2026 Sk/sg 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 07/08/2026 at 11:23:39