PRADEEP BAILEY vs GILMA DANIEL

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 04th February, 2025 Pronounced on: 18th June, 2025 CM(M) 1506/2023 & CM APPL. 47944/2023 STAY 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, passed by learned District Judge in Suit bearing No. CIV.DJ No. 934/2021, 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 2021, petitioner filed a suit for recovery of possession, eviction, mesne profits and permanent CM(M) 1506/2023 Page 1 of 14 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:18.06.2025 14:55:16 and mandatory injunction in respect of a shop measuring 8’ x 10’ in property bearing No. WZ-5A/31, Vishnu Garden, New Delhi [“Suit Property”] against the respondent, who was allegedly allowed to reside in the property as a licensee. Respondent filed the written statement on 28.03.2022. Thereafter, petitioner filed replication along with the additional documents and petitioner filed an application under Order 7 Rule 14 read with Section 151 CPC to place on record additional documents. Respondent filed reply to the application, stating that the documents were not filed along with plaint and that allowing them to be pl