Dharamvir Nanda vs Sanjeev Nanda - 2026 Supreme(Online)(Del) 6844

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2026 Supreme(Online)(Del) 6844

IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajneesh Kumar Gupta, J
Dharamvir Nanda – Appellant
Versus
Sanjeev Nanda – Respondent
CM(M) 1067/2026

Important Points

The court may restore a closed right to cross-examine a witness in the interest of justice, particularly when the party is elderly/ill and the opposing party can be adequately compensated with costs.

Subject

Civil Law - Trial Procedure

Act Referred

Constitution of India: Art.227

Headnote

(A) Civil Procedure - Right to Cross-Examination - Closure of evidence - Where a party is aged and suffers from health issues, the court may exercise its discretion to grant a final opportunity to cross-examine a material witness to prevent grave prejudice, subject to payment of costs to the opposite party. (Para 7, 9, 10)

Issues: Whether the petitioner's right to cross-examine PW-1 should be restored despite previous closures of that right by the Trial Court.

Advocates:
For the Appellants/Petitioners: Jai Sahai Endlaw, Zubin John
For the Respondents: Saurabh Pandey

Table of Content
1. procedural history and challenge to the trial court's order closing the right to cross-examine. (Para 1 , 2 , 3 , 4 , 5)
2. competing arguments regarding age-related incapacity versus trial delays. (Para 7 , 8)
3. granting a final opportunity for evidence in the interest of justice subject to costs. (Para 9 , 10 , 11 , 12)

ORDER (Oral)

Rajneesh Kumar Gupta, J.

1. This hearing has been conducted through hybrid mode.

CM APPL. 30908/2026 & CM APPL. 30909/2026 (both for exemption)

2. Allowed, subject to all just exceptions. The applications stand disposed of.

CM(M) 1067/2026 & CM APPL. 30907/2026 (for stay)

3. The present petition has been filed under Article 227 of the Constitution of India, assailing the orders dated 25th March, 2025 and 25th March, 2026 passed by the learned Trial Court in CS DJ 28/2016 11538/2016, whereby the petitioner/defendant’s right to cross examine PW-1, namely Sanjeev Nanda has been closed and the application to recall that order has been dismissed respectively.

4. Learned counsel for the respondent appears on advance notice and accepts notice.

5. The matter is taken up for hearing with the consent of learned counsel for the parties.

6. Heard. Record perused.

7. Learned counsel for the petitioner submits that the petitioner is aged about 90 years and, on account of his age and health-related issues, could not cross-examine PW-1. It is further submitted that PW-1 is a material witness in the case and grave prejudice would be caused to the petitioner if an opportunity to cross-examine the said witness is not granted.

8. Per contra, learned Counsel for the respondent submits that sufficient opportunities have already been granted by the learned Trial Court to the petitioner to cross-examine PW-1. Despite the same, the petitioner has failed to cross-examine PW-1. It is further submitted that the present petition has been filed only to delay the trial proceedings and is liable to be dismissed.

9. A perusal of the record shows that the matter is still at the stage of plaintiff’s evidence. Keeping in view the facts and circumstances of the case, this Court is of the view that it would be in the interest of justice, if one more opportunity is granted to the petitioner to cross-examine PW-1, as the respondent can be compensated with costs.

10. Accordingly, one more opportunity is granted to the petitioner to cross-examine PW-1, subject to payment of costs of Rs. 2,000/- (Rupees Two Thousand Only) to the respondent.

11. It shall be open to the learned Trial Court to allow cross-examination of PW-1 on the date already fixed or on any other date as may be convenient to the learned Trial Court.

12. The present petition is disposed of in the above terms. Pending application(s), if any, also stand disposed of.