$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27^thMarch,2026 + CM(M) 646/2026, CM APPL. 19284/2026 & CM APPL. 19285/2026 RAJU .....Petitioner Through: Ms. Lavisha Arora, Advocate.

versus SMT. K. PALANIAMMAL& ORS. .....Respondents 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 by the petitioner under Article 227 of the Constitution of India, 1950, assailing the impugned order dated 23^rd February, 2026, passed by the learned trial court in CS No. 323/2017, whereby an application under Order XVIII Rule 17 of CPC filed by the petitioner/defendant for setting aside the order dated 06^th September, 2023 whereby the right of the petitioner to cross-examine the respondent’s witness has been closed, has been dismissed.

3. Heard. Record perused.

4. Learned Counsel for the petitioner has argued that the petitioner was not in a position to cross-examine the PW-1 due to his medical conditions. It is further submitted that grave prejudice would be caused to the case of the petitioner in case the petitioner was not granted an opportunity to