$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010287552026 + CM(M) 1412/2026 & CM APPL. 42186/2026 & CM APPL. 42187/2026 RANVIR SHARMA .....Petitioner Through: Mr. Sayyog Kumar Sharma and Mr. Aniket Dagar, Advocates versus BALBIR SINGH AND ANR .....Respondents Through: Mr. Manish Vats, Mr. Hament Vats and Mr. Aman Dixit, Advocates (Through VC) Mr. Akhil Mittal, ASC, MCD alongwith Ms. Riddhi Jain and Ms. Shayna Das Pattanayak, Advocates for R-2/MCD CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 22.09.2026 1. Through the present petition, the petitioner seeks to challenge the impugned order dated 07.05.2026 passed by learned ASCJ cum JSCC cum Guardian Judge, Dwarka Courts, New Delhi in CS SCJ No. 881/2017 titled as “Balbir Singh vs. Ranvir Singh” whereby his application under Order XVIII Rule 17 has been dismissed on the ground that the petitioner/defendant has, despite numerous opportunities, not cross- 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 24/09/2026 at 10:46:21 examined the witness. 2. The underlying suit has been instituted by the respondent/plaintiff against the petitioner, and it becomes apparent from record that the matter had been listed for PE for 14.10.2024. 3. The matter was listed on 14.10.2024 whereby PW-1 was examined in chief, and the cross examination of PW-1 was deferred for 14.04.2025. The matter was thereafter taken up on 15.04.2025 where the matter was initially passed over, and on second call, the learned trial court noted that the petitioner/defendant counsel was unavailable. Thus, the matter was listed again for 21.04.2025. However, on 21.04.2025, the petitioner counsel was yet again unavailable and adjournment was granted in the interest of justice, and the matter was listed for PE on 11.11.2025. 4. On 11.11.2025, the petitioner counsel was yet again unavailable thereby prompting the learned trial court to close the right to cross-examine PW-1 and post the matter for 02.02.2026 for further PE. 5. Meanwhile, the petitioner filed an application under Order XVIII Rule 17 CPC seeking inter-alia recall of PW-1 for cross-examination, against which the respondent filed their reply. 6. The application came to be dismissed by the learned trial court on 07.05.2026 whereby the learned trial court noted that numerous opportunities have been provided to the petitioner to cross-examine PW-1 who has failed to avail them. 7. The learned counsel for the petitioner has submitted that the petitioner was constrained to engage a new counsel and that the learned trial court has erred in failing to consider that the new counsel would require some time to cross-examine PW-1. Furthermore, despite noting in the order dated 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 24/09/2026 at 10:46:21 11.11.2025, the requirement of the new counsel, the learned trial court has erred in prematurely closing the right to cross-examine 8. A perusal of the order sheets of the proceedings before the learned trial court makes it abundantly clear that despite numerous opportunities being granted on 21.08.2024, 14.10.2024, 15.04.2025, 21.04.2025 and 11.11.2025, the petitioner has failed to cross-examine PW-1. This Court is of the opinion that merely because the petitioner wished to engage a new counsel after more than 1 year of delay in conducting cross-examination, does not absolve him of the earlier delay and wasted judicial time. 9. Undoubtedly, the right to cross-examination is a vital right, however, no benefit of laxity can inure to the party who has failed to exercise such rights. 10. In view of the above, it appears that the petitioner is not serious and has not cross-examined the witness despite several opportunities. Accordingly, this Court does not find any reason to interfere in the impugned order dated 07.05.2026 passed by learned ASCJ cum JSCC cum Guardian Judge, Dwarka Courts, New Delhi. 11. The present petition along with pending application, if any, stands dismissed. AJAY DIGPAUL, J SEPTEMBER 22, 2026 gs/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 24/09/2026 at 10:46:21