SANJEEV KAPOOR (SINCE DECEASED) THR LRS vs VIKAS SHARMA

Judgment text excerpt

$~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06th August, 2025 + CM(M) 1457/2025 & CM APPL. 47900-47901/2025 SANJEEV KAPOOR (SINCE DECEASED) THR LRS .....Petitioner Through: Mr. Parmeesh Takkar with Ms. Richa Takkar, Mr. Chaitanya Mehta, Mr. Kshitij Suri, Advocates. versus VIKAS SHARMA .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are legal representatives of plaintiff and are aggrieved by order dated 16.05.2025 whereby their application moved under Section 151 CPC has been dismissed. 2. The suit in question was filed by Mr. Sanjeev Kapoor (since deceased). 3. However, before his unfortunate death, Mr. Sanjeev Kapoor entered into witness box and submitted his affidavit towards examination-in-chief and, thereafter, he was also cross-examined and discharged. 4. In such affidavit, he made reference to several documents and in support of his affidavit (examination-in-chief affidavit), he entered into witness box in 21.11.2023 and was also cross-examined by the defendants same day and, thereafter, on 18.12.2023 and 11.01.2024. 5. In his such examination conducted on 21.11.2023, he tendered in evidence his said affidavit and deposed before the Court that the such affidavit was EX-PW-1/A which was bearing his signatures at point A and B. 6. Mr. Sanjeev Kapoor, eventually, died on 28.11.2024. Signature Not Verified Digitally Signed CM(M) 1457/2025 1 By:DINESH CHANDRA Signing Date:07.08.2025 17:05:00 7. The application in question was filed by his legal representatives whereby they merely wanted such affidavit to be formally exhibited. 8. According to them, the exhibit mark of EX-PW-1/A could not be put upon the affidavit and, therefore, they made request that such affidavit be given Exhibit Mark