NIMISHA BHAGAT vs RASHI MISRA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 25th February, 2025 Pronounced on: 1st July, 2025 CM(M) 1065/2022 & CM APPL. 43909/2022 STAY NIMISHA BHAGAT ....Petitioner Through: Mr. Manish Gandhi, Ms. Rishika Nagpal and Mr. Suyash Pandey, Advs. versus RASHI MISRA .....Respondent Through: CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is a petition under Article 227 of the Constitution of India, seeking to set aside the impugned order dated 26.07.2022, passed by learned SCJ-cum-RC, Karkardooma Courts, Delhi in CS No. 187/2020, titled as “Nimisha Bhagat Vs. Rashi Misra”, whereby, the learned trial court dismissed the application under Order 6 Rule 17 of the Code of Civil Procedure [“CPC”], filed by the petitioner herein. 2. Shorn of all the unnecessary details, suffice to mention that petitioner filed a Suit for Recovery of friendly loan advanced to the respondent. Prior to the issue of summons to the respondent, the court below framed a preliminary issue on the limitation. While the case CM(M) 1065/2022 Page 1 of 12 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:01.07.2025 14:52:37 was fixed for arguments on the said preliminary issue, petitioner filed an application under Order 6 Rule 17 CPC for the amendment of the plaint stating that petitioner found an old diary maintained by her in the ordinary course, wherein, she had made certain entries regarding the dates on which the loan was advanced to the respondent. The diary allegedly contains the professional notes prepared by the petitioner. She filed the relevant extract of the diary with the list of documents. By virtue of the application, petitioner sought to incorporate the correct dates of advancement of loans on different dates and make conseq