AMIT KUMAR SINGHAL vs SHARAD KUMAR GUPTA

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 25.08.2025 C.R.P. 243/2025 & CM APPL. 52513-52515/2025 AMIT KUMAR SINGHAL .....Petitioner Through: Mr. Abdesh Kumar Choudhary, Mr. Akshat Gupta, Mr. Geetanjali Setia & Mr. Sriram, Advocates. versus SHARAD KUMAR GUPTA .....Respondent Through: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] against the order dated 12.12.2024 passed by learned District Judge, South District, Saket Court, New Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, a miscellaneous Application under Section 45 of the Indian Evidence Act, 1872 filed by the Petitioner was dismissed by the learned Trial Court by giving finding that if the document was crucial, the Petitioner/Plaintiff could have availed of the opportunity of summoning the record previously. 2. The maintainability of this Petition is a subject matter of challenge. It is no longer res integra that the provisions of Section 115 of the CPC cannot be invoked except where an order, if ma