Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CSDJ No. 624/24
Akansha Jain Vs. Shobha Jain & Anr.
15-12-2025
Present: Sh. Sandeep Jindal, advocate for plaintiff
Sh. Mohd. Ahmad, Sh. M. S. Khan, and Sh.
Amit, advocates for defendants
Heard on the application u/o 18 Rule 4 (1) r/w Section 151
of CPC moved on behalf of plaintiff.
It is submitted on behalf of plaintiff that earlier, one case
titled Shagun Jain and Anr. Vs. Ankit Jain and Anr. was
filed by the defendants against the husband of plaintiff, which
was dismissed on 08-08-2024, which fact is also mentioned in
present suit as well. It is further submitted that evidence in
earlier suit and present plaint are similar and husband of the
plaintiff is acquainted with the facts and circumstances of the
present suit as well as earlier suit. It is, therefore, prayed that
husband of the plaintiff be permitted to lead evidence on behalf
of plaintiff since the plaintiff has already executed GPA in favour
of her husband.
On the other hand, the application is opposed on behalf of
defendants on the ground that it is nowhere mentioned in the
application as to why the plaintiff is not in a position to depose in
the court and if the plaintiff is willing to examine her husband
then she ought to have filed suit through her husband only.
Therefore, it is prayed that application be dismissed with cost.
This is a suit for specific performance filed on behalf of
plaintiff on the basis of agreement dated 05-07-2018 and
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husband of plaintiff is witness to the said agreement. Thus,
husband of plaintiff is a material witness to prove the transaction
in question. Accordingly, the application is allowed. However,
whether or not personal testimony of plaintiff is mandatory or not
shall be deteramined at the final stage.
Adjournment sought on behalf of plaintiff on the ground
that witness is not present due to respiratory problem.
Strongly opposed on behalf of defendants keeping in view
the past conduct of the plaintiff.
Accordingly, one last and final opportunity is granted to
the plaintif to lead PE on NDOH.
At request, put up for PE on 25-03-2026.
(PANKAJ ARORA)
District Judge-16, Central District,
Tis Hazari Courts, Delhi/15-12-2025
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