Order 6

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No. 18/26
Ajay Jain Vs. Naveen Garg
27.07.2026
Present: Shri Gaurav Malhotra, Ld. Counsel for applicant.
Case is fixed for final arguments but plaintiff has filed one
application for seeking permission to lead additional evidence of one Shoaib
Khan to disprove transportation of articles allegedly sent by the defendant.
Learned counsel for plaintiff has argued that defendant has
taken defense in written statement as well as DE that defendant supplied
huge quantity of flour /
maida by a truck, whereas particulars of truck and
mode and manner of transportation has been disputed by plaintiff, due to
examination of Shoaib Khan is necessary to rebut testimony of DW and
application may be allowed.
On the other hand, Ld. Counsel for defendant has argued that
defendant had taken a similar defense in written statement as well as DE and
plaintiff was well aware about this defense but still failed to examine witness
during PE and now has filed this application just to delay this case and same
is liable to be dismissed.
I have heard the arguments and perused the record. Defendant
has led evidence to prove his defense and has deposed regarding supply of
huge quantity of flour /
maida through vehicle number UP-14-CT-1334 and
plaintiff wants to rebut this testimony of DW by rebuttal evidence. No
doubt, plaintiff was supposed to examine this witness during PE to rebut
defense of defendant but rebuttal evidence is also not barred. Accordingly, I
am of the opinion that rebuttal evidence of plaintiff may be helpful for
proper adjudication of this case, hence plaintiff is allowed to examine PW
Shoaib Khan in rebuttal evidence. Application disposed off.
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PW be summoned on filing of PF to appear before Ld. CL for
the date fixed by Ld. Local Commissioner.
Put up for further proceedings on 21.09.2026.
(Devender Kumar)
District Judge (Commercial Court)-01
East District,
Karkardooma Courts, Delhi
27.07.2026
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