NIKHIL TRIPATHI vs NEELAM SHARMA

Judgment text excerpt

$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th July, 2025 + CM(M) 1186/2025 & CM APPL. 39933-39934/2025 NIKHIL TRIPATHI .....Petitioner Through: Mr. Parikshit Mahipal, Advocate. versus NEELAM SHARMA .....Respondent Through: Mr. Gaurav Seth, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit for possession, recovery of arrears of rent and damages. 2. The case is already at the stage of final arguments. 3. The present petition challenges order dated 28.05.2025 whereby the learned Trial Court has dismissed two different applications. One application was moved under Section 45 of Indian Evidence Act, 1872 (corresponding Section 39 of Bharatiya Sakshya Adhiniyam, 2023) seeking expert opinion with respect to signatures appearing on the rent agreement dated 10.02.2022 and the other was moved under Order XVIII Rule 17 CPC seeking to examine one Mr. Vipin Malhotra. 4. When the present matter was taken up by this Court on 09.07.2025, the notice was issued only to the effect whether the defendant can be permitted to examine Mr. Vipin Malhotra 5. Relevant para of order dated 09.07.2025 reads as under:- “2. After hearing arguments for some time, learned counsel for petitioner restricts his request with respect to only seeking permission to examine Mr. Signature Not Verified Digitally Signed CM(M) 1186/2025 1 By:DINESH CHANDRA Signing Date:01.08.2025 16:04:07 Vipin Malhotra.” 6. Learned counsel for respondent appears pursuant to notice and submits that he would have no objection to such examination provided the witness has any relevency with respect to the fact-in-issue. 7. He contends that the plaintiff has filed a suit for possession, recovery of arrears of rent and damages and her entire case is based