VIJAY KUMAR vs MAMTA GARG

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03.12.2025 + CM(M) 2342/2025, CM APPL. 75904/2025 & CM APPL. 75903/2025 VIJAY KUMAR .....Petitioner Through: Mr. Mohit Kumar, Advocate. versus MAMTA GARG .....Respondent Through: None. CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner/defendant has assailed order dated 11.09.2025 of the learned trial court, whereby application under Section 45 read with Section 73 of the Evidence Act, as filed by the respondent/plaintiff was allowed and the document Ex.PW1/1 was permitted to be got forensically examined by a private expert to be engaged by the respondent/plaintiff. Having heard learned counsel for petitioner/defendant, I do not find it a fit case to even issue notice. 2. Broadly speaking, the present respondent filed a suit against the present petitioner for recovery of Rs. 15,50,000/- with pendente lite and CM(M) 2342/2025 Page 1 of 4 pages Signature Not Verified Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec 45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, Digitally Signed serialNumber=d3e86796451ec45c07b5d15 570996b40f80cbd2eee60402c487965ff801 e26fa, cn=GIRISH KATHPALIA By:NEETU N NAIR Date: 2025.12.03 18:10:17 -08'00' Signing Date:03.12.2025 18:53:21 future interest, alleging that the parties had friendly relations and by misusing their friendship, the present petitioner borrowed Rs. 11,50,000/- from the present respondent at various stages, but refused to return the same. In the course of trial, the present respondent tendered in evidence an affidavit as Ex.PW1/1 purportedly executed by the present petitioner admitting that he had taken a loan of Rs. 8,0