$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12^th February, 2026 + CM(M) 303/2026, CM APPL. 8196/2026, CM APPL. 8197/2026 &

CM APPL. 8198/2026 KAPIL .....Petitioner Through: Mr. Arvind Vashishtha and Ms.

Sakshi Panwar, Advocates.

versus PAWAN KUMAR .....Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA

ORDER (Oral)

Rajneesh Kumar Gupta, J.

1. This hearing has been conducted through hybrid mode.

2. The present petition has been filed under Article 227 of the Constitution of India, assailing the order dated 02^nd April, 2025 passed by the learned Trial Court in CS DJ ADJ 950/2018, whereby the application filed by the petitioner/defendant for summoning a witness, namely-Randhir has been dismissed and evidence of the petitioner was closed.

3. Heard. Record perused.

4. Learned counsel for the petitioner has argued that the DW-Randhir is a material witness of the case and that if he is not examined, it would cause grave prejudice to the petitioner’s case.

5. The relevant portion of the impugned order dated 02^nd April, 2025 reads as follows:

“Ld. counsel for defendant has prayed for dispoal of application for summoning of witness i.e. Sh. Randhir.

The applica