$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 13^th April, 2026 + CM(M) 795/2026, CM APPL. 23679/2026 & CM APPL. 23680/2026 SHABNAM .....Petitioner Through: Mr. Manish Pratap Singh, Advocate (through VC).

versus MANJU ROHATGI .....Respondent Through: Mr. Rahul Singh Chauhan and Ms.

Rakshita Sharma, Advocates.

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 oftheConstitution ofIndia,1950,assailingtheorderdated08^thJanuary,2026 passed by the learned Trial Court in CS SCJ No. 146/24, whereby an application filed by the petitioner/defendant under Order XVIII Rule 17 of the Code of Civil Procedure, 1908, for recalling PW1 for cross-examination has been dismissed.

3. Learned Counsel for the respondent appears on advance notice and accepts notice.

4. The matter is taken up for hearing with the consent of the learned counsels for the parties.

5. Heard. Record perused.

6. Learned counsel for the respondent/plaintiff submits that he has no objection if the present petition is allowed, however, the same be allowed subjec