Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: RCA DJ 9/25
ANISHA TV CORNER AND ANR.
Vs.
MAHENDER SINGH
18.11.2025
Present : None for appellant.
Ms. Chitra, Ld. Proxy Counsel for respondent.
a) Arguments already heard on application u/O XLI
rule 27 CPC r/w section 151 CPC filed by the appellant to
summon additional official witness in respect of certain
documents already filed by the appellant before Ld. Trial Court.
b) It is argued that the appellant/defendant had filed
documents i.e, DW1/1 to DW1/13 before Ld. Trial Court and
also tendered the same in his examination in chief, however,
since the respondent/plaintiff had not raised any objection at the
time of tendering of the aforesaid documents, no official witness
was summoned by the appellant/defendant to prove the said
documents.
c) It is further argued that since there was no objection
on behalf of plaintiff/respondent at the time of tendering of
aforesaid documents by the DW1, therefore, the appellant was
under impression that the said documents were impliedly
admitted by the plaintiff/respondent.
d) I do not agree with the contentions of the Ld.
Counsel for appellant as the issue with regard to admissibility of
the documents is different from proving the same. Admissibility
of documents means whether a document can be presented before
the Court, however, proving the same means establishing the
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contents of the said document by examining writer thereof. It is
correct that the respondent/plaintiff did not raise any objection
with regard to admissibility of the aforesaid documents during
cross-examination of DW1, however, the same would not
absolve the appellant/defendant from proving the contents of the
said documents.
e) Since no plausible reasons have been given by the
appellant for not taking appropriate steps to prove the aforesaid
documents before Ld. Trial Court, no opportunity can be given to
the appellant at this stage to summon any official witness.
In view thereof, the application stands dismissed
with cost of Rs. 3,000/- to be deposited in Shahdara Bar
Association, KKD, Delhi.
Arguments on instant appeal already heard on behalf
of appellant.
Put up for final arguments on behalf of respondent
on 03.12.2025.
(Hem Singh)
District Judge-01
(East)/KKD/Delhi/18.11.2025
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