R K TIWARI @ R K TRIPATHI vs NAVEEN CAPOOR

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 23.07.2025 C.R.P. 196/2023 R K TIWARI @ R K TRIPATHI .....Petitioner Through: Mr. S.S. Haider, Advocate. versus NAVEEN CAPOOR .....Respondent Through: Mr. Abhinav Tamagat, Advocate. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] seeking to challenge the order dated 18.04.2023 passed by the learned ADJ-05, South, Saket Courts, New Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the Petitioner was denied the right to further cross- examination before the learned Trial Court. 2. Learned Counsel for the Respondent submits that the Petition is not maintainable in view of the proviso of Section 115, CPC. In terms of the proviso unless the lis is finally decided by the Court, the revisionary jurisdiction of the Court cannot be entertained. 3. 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 made in favour of th