Court allows petitioner another chance to cross-examine witness, subject to conditions, to ensure justice is served.
In a significant decision by the Delhi High Court, Mr. Justice Rajneesh Kumar Gupta has allowed the petitioner, Laxman, an additional opportunity to cross-examine a key witness, RW-2/1, in a civil case against D.V. Singh and others. This decision was made under the supervisory jurisdiction granted by Article 227 of the Constitution of India, highlighting the court's commitment to ensuring justice is served even if it requires revisiting prior trial court decisions.
The case, registered under CM(M) 430 of 2026, was heard on February 24, 2026. The judgment comes after a petition was filed challenging an earlier order by the Trial Court dated December 22, 2025, which had closed the opportunity for the petitioner's cross-examination of the witness. The petitioner, represented by Advocate Mr. Mohit Kukreja via video conferencing, argued that the inability to cross-examine the witness would result in significant prejudice.
The trial court had previously provided the petitioner with multiple opportunities to conduct the cross-examination. However, due to various reasons, including the petitioner's legal obligations in other matters, these opportunities could not be fully utilized. The trial court had initially closed the defense evidence in July 2025 but later reopened it following an application from the petitioner, albeit with conditions attached.
Respondents D.V. Singh and another, appearing in person, contended that the petition aimed to unduly delay proceedings. Nonetheless, the High Court took a balanced view, recognizing the necessity of cross-examination in upholding the principles of natural justice.
Justice Gupta, in his oral order, emphasized the importance of allowing the petitioner one more chance to question the witness, albeit with the imposition of a monetary penalty of Rs. 15,000 to the opposite party, as a condition for this additional opportunity. The court instructed the trial court to accommodate the cross-examination on a date convenient to all parties involved.
This decision underscores the judiciary's discretion to intervene when procedural fairness is at stake, even if it means overriding previous judicial orders. The case highlights the court's role in maintaining equilibrium between procedural efficiency and the fundamental right to a fair trial.
The case will be renotified for final arguments on January 24, 2026, pending the completion of the cross-examination process as per the new directive. The High Court's ruling serves as a reminder of the judiciary's flexibility in adapting procedures to meet the demands of justice.
Bottom Line:
Under Article 227 of the Constitution of India, the High Court may grant one more opportunity for cross-examination of a witness if it is deemed necessary in the interest of justice, despite prior closure of the opportunity by the Trial Court.
Statutory provision(s):
Article 227 of the Constitution of India
