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HIGH COURT OF DELHI
Date of Decision: 30th July, 2025
BRIGADIER BALWANT DAHIYA TRUST .....Petitioner
Through: Mr. Manish Kaushik, Mr. Mishal Johari, Mr. Vikas Ashwani and Ms. Yashpriya Sahran, Advocates
Through: Mr. L.K. Singh, Advocate for R-1 Mr. Shivain Vaidialingam, Advocate for R-2 & R-5
Ms. Sangeeta Bharti, Ms. Shefali Sangwan and Mr. Ashish Kumar, Advocates for R-3 & R-4
JUDGMENT
1. Petitioner is defendant no. 5 before the learned Trial Court.
2. On 07.05.2025, learned Trial Court permitted defendant no. 5 to issue summons to one witness of his.
3. Such witness is, reportedly, Lieutenant Colonel Uday Bhan Dahiya.
4. However, when the matter was taken up by the learned Trial Court on 25.07.2025, noticing that the witness was not residing at the given address and there was no service despite the fact that process was issued dasti, learned Trial Court has closed the opportunity of defendant to lead further evidence.
5. Such order is under challenge.
6. Learned counsel for petitioner submits that he is seeking one last and final opportunity to produce the aforesaid witness within ten days from today before the learned Trial Court. He submits that in case he is unable to CM(M) 1403/2025 2 produce the aforesaid witness he would not seek any further indulgence in this regard. He also submits that in alternate, there is one Mr. Shamsher whom he wants to examine and he seeks opportunity to examine him in alternate.
7. However, no such request about said Mr. Shamsher has, however, been made in this regard and, therefore, it will not be appropriate for this Court to appreciate the relevancy of said witness. It is, however, always open to him to move appropriate application in this regard and as and when any such application is moved, it is entirely up to learned Trial Court to consider any such request and to dispose it of, in accordance with law.
8. However, at the same time, keeping in mind the overall facts and the submissions and assurance made by learned counsel for petitioner (defendant no. 5), the present petition is disposed of with the direction that defendant NO. 5 would be permitted to produce said Lieutenant Colonel Uday Bhan Dahiya as witness on 08.08.2025. Needless to say, he would be entitled to only one effective opportunity in this regard.
9. As undertaken today, onus of producing the aforesaid witness would be on the petitioner herein and, therefore, there would not be requirement of issuing any formal summons qua the aforesaid witness.
10. Present petition stands disposed in aforesaid terms.
11. Pending applications also stand disposed in aforesaid terms.
12. A copy of this order be given dasti under the signatures of the Court Master.
JUDGE JULY 30, 2025/dr/shs