PRADEEP BAILEY vs GILMA DANIAL

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 04th February, 2025 Pronounced on: 18th June, 2025 CM(M) 1533/2023, CM APPL. 48374/2023 STAY & CM APPL. 48376/2023 PRADEEP BAILEY ....Petitioner Through: Mr. Brijballabh Tiwari and Mr. Anish Shrestha, Advs alongwith petitioner in person versus GILMA DANIEL .....Respondent Through: Mr. Arvind Bhatt and Mr. Kuber Giri, Advs. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is a petition under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 [“CPC”], seeking to set aside the order dated 17.05.2023 [“impugned order”], passed by learned District Judge in Suit bearing No. CIV.DJ No. 697/2019, whereby, the learned trial court dismissed the application under Order 7 Rule 14 read with Section 151 CPC, filed by the petitioner/plaintiff. 2. Shorn of all unnecessary details, the brief facts leading to the filing of the present petition are that in the year 2017, petitioner filed a CM(M) 1533/2023 Page 1 of 13 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:18.06.2025 14:50:04 suit for recovery of possession, permanent & mandatory injunction as well as mesne profit in respect of portion of property bearing No. WZ- 5A/31, Vishnu Garden, New Delhi [“Suit Property”] except one shop against the respondent, who was allegedly allowed to reside in the property as a licensee. Respondent filed the written statement on 18.12.2019. Thereafter, petitioner filed replication along with the additional documents and petitioner also filed an application under Order 7 Rule 14 read with Section 151 CPC to place on record the additional documents. Respondent filed reply to the said application, stating that the documents were not filed al