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Anita Chauhan vs. Naresh Kumar

Regular First Appeal · CNR No. DLHC010458312023Decided 14 Oct 2026New Delhi Bench
RFA 910/2023CNR: DLHC010458312023
Justice Rajneesh Kumar Gupta

Background

The respondent (based in Australia) claimed he gave his relative, the appellant, a "friendly loan" of Rs. 5,00,000 in May 2016 via bank transfer, never repaid despite a 2018 legal notice. The appellant claimed the opposite, that this was actually the respondent returning an earlier loan her husband had given him in India. The trial court believed the respondent and decreed recovery of Rs. 5,00,000 with 6% interest; the appellant appealed.

Decision Breakdown

The High Court found that the appellant's own lawyer had repeatedly stalled the trial with shifting excuses to avoid cross-examining the respondent-witness and never actually asked for a chance to present her own evidence, despite arguing final arguments. Since the money transfer was undisputed and the respondent's sworn affidavit went unchallenged while the appellant had no evidence of her own, the Court found no reason to disturb the trial court's findings and dismissed the appeal.

Lesson Learnt

If you want to contest a case, you must actively assert your right to cross-examine witnesses and lead your own evidence at the right time: repeated excuses and delay can permanently forfeit those rights.

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