$~59
*	IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI
%					                    Date of Decision: 18.12.2025
+ 	CM(M) 2441/2025, CM APPL. 79861/2025 & 79860/2025 

	NARINDER KUMAR JAIN (DECEASED) THROUGH HIS LRS
.....Petitioners
				Through:	Mr. Sumit Kumar, Advocate.

				versus


	SIMMI JAIN AND ANR					   .....Respondents
Through:	Mr. Thomas Oommen and Ms. Bhanu Kapoor, Advocate for R-1.

	
	CORAM:          JUSTICE GIRISH KATHPALIA
		

O R D E R (ORAL)


1.	Petitioners/legal representatives of defendant have assailed orders dated 19.05.2025 and 12.09.2025 of the learned trial court, whereby their applications under Order IX Rule 7 CPC and under Order XVIII Rule 17 CPC were dismissed.

2.	Broadly speaking, the present three petitioners and the present respondent no.2 are the legal representatives of the now deceased defendant who was contesting a loan recovery suit. It appears that on 19.05.2025, the respondent no.1/plaintiff appeared in the witness box and was cross-examined on behalf of the present respondent no.2 and discharged. Since none appeared on behalf of the present petitioners on that day, they subsequently moved an application, which was dismissed. The application under Order XVIII Rule 17 CPC was filed on behalf of the present respondent no.2, but she has not assailed the dismissal of that application. Therefore, presently the issue before this court is confined to grant of opportunity to the present petitioners to cross-examine the respondent no.1/plaintiff.

3.	Learned counsel for respondent no.1/plaintiff appearing on advance intimation accepts notice and submits that in the interest of expeditious disposal of the suit, the present petitioners may be granted one and only one opportunity subject to cost, to cross-examine the respondent no.1/plaintiff.

4.	Prima facie, there is no infirmity in the impugned order. 

5.	With consent of both sides, this petition and the accompanying applications are disposed of directing that the present petitioners and the present respondents shall appear before the learned trial court on 20.12.2025 at 02:00pm and on that day, the present petitioners shall pay to the present respondent no.1 costs of Rs.10,000/-; that on the same day, the learned trial court shall fix a date, preferably in the month of January 2026, for further cross-examination of the present respondent no.1 by the present petitioners; that it is clarified that if the cost is not paid on 20.12.2025, no further opportunity shall be granted to the present petitioners to cross-examine the present respondent no.1; and that one and only one opportunity shall be granted to the present petitioners to conclude cross-examination of present respondent no.1.

6.	Copy of this order be immediately dispatched to the learned trial court for compliance. 





GIRISH KATHPALIA
     (JUDGE)
DECEMBER 18, 2025/ry



CM(M) 2441/2025             		         	                           		                           Page 3 of 3 pages