SURESH MALHOTRA vs BALLABH SINGH

Judgment text excerpt

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th July, 2025 + CM(M) 1088/2025 SURESH MALHOTRA .....Petitioner Through: Mr. Anil Bhasin, Advocate. versus BALLABH SINGH .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit which seeks declaration to the effect that judgment and decree dated 20.12.2014 passed in Civil Suit No. 445/2012 be declared null and void. 2. After framing of issues, plaintiff himself entered into witness box as PW-1 and his examination-in-chief was recorded by the learned Trial Court on 07.05.2025. 3. The petitioner herein is defendant before the learned Trial Court and his sole grievance is with respect to three documents i.e. Exhibit PW-1/8, Exhibit PW-1/14 and Exhibit PW-1/20. He submits that when said documents were tendered in examination-in-chief, he had taken a specific objection with respect to the mode of proof and also prayed that the document be impounded, being insufficiently stamped. 4. It is submitted that though the objections were duly recorded by the learned Trial Court but the documents have not been impounded. Signature Not Verified Digitally Signed CM(M) 1088/2025 1 By:DINESH CHANDRA Signing Date:21.07.2025 13:02:30 5. It is in the abovesaid background that the present petition has been filed. 6. However, after hearing arguments for some time, the present petition is disposed of with liberty to the petitioner to move appropriate application in this regard before the learned Trial Court and learned Trial Court is requested to consider any such application, particularly, in view of the objections already recorded in the evidence-sheet and then to further proceed with the matter. 7. However, it is made clear that, even, if the document is