Supervisory jurisdiction allows courts to restore a party's right to cross-examine a witness when such right has been closed by the trial court, provided it serves the interest of justice and the opposing party is adequately compensated for the delay.

ORDER :

Rajneesh Kumar Gupta, J.

1. This hearing has been conducted through hybrid mode.

CM APPL. 34724/2026 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

CM(M) 1192/2026 &CM APPL. 34725/2026 (for stay)

3. The present petition has been filed on behalf of the petitioner/defendant under Article 227 of the Constitution of India, 1950, assailing the order dated 24th February, 2026 passed by the learned Trial Court in CS DJ No. 8682/2016, whereby the right of the petitioner/defendant No.1 to cross-examine PW-1 has been closed.

4. Heard. Record perused.

5. Learned counsel for the respondent has appeared on advance notice and accepts notice.

6. Learned Counsel for the petitioner has argued that the learned trial Court has closed the right of the petitioner/defendant No.1 to cross-examine PW-1 without appreciating the facts of the case as the denial of such opportunity would cause grave prejudice to the case of the petitioner. It is further argued that the petitioner be granted one more opportunity to cross-examine PW-1, as it is necessary for the proper adjudication of the matter.

7. Learned Counsel for the respondent No.1 has argued that sufficient opportunities have already been granted to the petitioner to cross-examine PW-1. There is no infirmity in the impugned order and the petition has been moved only to further delay the disposal of the case.

8. Keeping in view the facts and circumstances of the case, this Court is of the opinion 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 No. 1 can be compensated with costs. Accordingly, one more opportunity is granted to the petitioner to cross-examine PW-1, subject to payment of costs of Rs. 10,000/- (Rupees Ten Thousand Only) to the respondent No. 1. It is also made clear that the petitioner shall not seek any adjournment before the trial Court to cross-examine PW-1.

9. Learned counsels for the parties submitted that the matter is fixed for today before the trial court at 12:30 A.M. Both the counsels shall make an appropriate request before the trial Court to adjourn the matter for cross-examination of PW-1 on a subsequent date, as may be convenient to the trial Court.

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