Dinku Kakkar v. Rajpal

Delhi High Court · 08 May 2026 · 2026:DHC:4086
Rajneesh Kumar Gupta
CM(M) 89/2026
2026:DHC:4086
civil appeal_allowed

AI Summary

The High Court granted both parties one more opportunity to file affidavit(s) of admission/denial of documents, setting aside the trial court’s order closing such opportunity prematurely.

Full Text
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CM(M) 89/2026
HIGH COURT OF DELHI
Date of Decision: 08th May, 2026
CM(M) 89/2026 & CM APPL. 2219/2026
DINKU KAKKAR .....Petitioner
Through: Mr. Siddharth Arora, Mr. Yash Dhyani, Mr. Gaurav Kumar and Ms. Jasleen Kaur, Advs.
VERSUS
RAJPAL .....Respondent
Through: Mr. Veer Singh and Mr. Arjun Singh, Advs. (through VC)
CORAM:
HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA
ORDER (Oral)
Rajneesh Kumar Gupta, J.
JUDGMENT

1. This hearing has been conducted through hybrid mode.

2. The present petition has been filed on behalf of the petitioner/plaintiff under Article 227 of the Constitution of India, 1950, assailing the order dated 28th November, 2025 passed by the learned Trial Court in CIV DJ NO. 377/2025, whereby the opportunity of the petitioner to file the replication as well as the affidavit(s) of admission/denial of documents have been closed.

3. Heard. Record perused.

4. Learned Counsel for the petitioner submits that the petitioner is pressing only for the relief pertaining to filing of the affidavit(s) of admission/denial of documents filed on behalf of the respondent. It is submitted that the affidavit(s) could not be filed earlier as the matter has been CM(M) 89/2026 referred to the Mediation Centre and no sufficient opportunity had been given to the petitioner for the said purpose.

5. Learned Counsel for the respondent submits that the respondent’s opportunity to file the affidavit(s) of admission/denial has also been closed by the same impugned order and in case, the petitioner was granted any further opportunity, a similar opportunity may also be granted to the respondent.

6. Keeping in view the facts and circumstances of the case, and in the interest of justice, one more opportunity is granted to both the parties to file their respective affidavit(s) of admission/denial of documents before the learned Trial Court within a period of one week from today. Accordingly, the petition is disposed of in above-terms. Pending application(s), if any, also stand disposed of.

RAJNEESH KUMAR GUPTA, J MAY 8, 2026/sds/tp