Delhi High Court on Adjournment and Cross-Examination: Court Discretion Upholds Trial Orders.

Headnote:

The Delhi High Court dismissed the petition challenging the trial court’s orders dated 01.08.2025 and 11.08.2025, which had closed the petitioner/plaintiff’s opportunity to further cross-examine DW1 due to non-payment of costs for earlier adjournments. The Court held that the trial court acted within its discretion under Section 35B CPC, as the petitioner/plaintiff had repeatedly sought adjournments and had protracted proceedings in a suit pending since 2006. The High Court found no error or perversity in the trial court orders and upheld them, emphasizing that adjournments and pass overs are privileges, not rights, and must not prejudice the opposite party.

Background:

1. The petitioner/plaintiff challenged trial court orders restricting further cross-examination of DW1, claiming denial of fair opportunity.
2. The suit had been pending since 2006 and involved multiple adjournments and pass overs requested by the petitioner/plaintiff.
3. The trial court had imposed a cost of Rs. 5,000 for previous adjournments, which remained unpaid, leading to closure of cross-examination.

Court’s Observations:

1. The Court clarified that the petitioner/plaintiff sought adjournment, not pass over, on 01.08.2025 and had provided false reasons for absence.
2. Section 35B CPC empowers trial courts to control protracted proceedings; the trial court acted leniently by allowing further proceedings for DW2 and DW3.
3. Repeated adjournments by the petitioner/plaintiff delayed a long-pending suit, demonstrating deliberate protraction.
4. Cross-examination of DW1 had already commenced, and prior documents were available to the petitioner/plaintiff.
5. Adjournments and pass overs are courtesy extensions by the court, not a right, and cannot prejudice the opposite party.

Decision:

1. The High Court dismissed the petition, upholding both impugned orders.
2. Costs of Rs. 10,000/- were imposed on the petitioner/plaintiff to be paid to the respondents within two weeks.

Legal Provisions Discussed

1. Section 35B, Code of Civil Procedure, 1908 – Court’s power to control proceedings and impose costs.

Citation: 2025:DEL:CM(M)1683/2025

Case: M/s EC Constructions Pvt. Ltd. v. Neeraj Zutshi & Anr.

Court: High Court of Delhi at New Delhi

Coram: Justice Girish Kathpalia

Date of Decision: 17 November 2025

Civil Miscellaneous (CM) No.: 1683 of 2025