SMT JYOTI vs ANAND KISHORE (DECEASED) THROUGH LRS AND ANR

Judgment text excerpt

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 15th April, 2026 + CM(M) 815/2026, CM APPL. 24108/2026 & CM APPL. 24109/2026 SMT JYOTI .....Petitioner Through: Mr. Ayyub Ahmad, Advocate along with petitioner in person. versus ANAND KISHORE (DECEASED) THROUGH LRS AND ANR .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed on behalf of the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 09th March, 2026, passed by the learned Trial Court in CS DJ No. 10/2022, whereby an application under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (Section 45 of the Indian Evidence Act, 1872) read with Section 151 of CPC, seeking examination of a handwriting expert, has been dismissed. 3. Heard. Record perused. 4. Learned Counsel for the petitioner has argued that the Trial Court has passed the impugned order on the basis of surmises and conjectures, which is Signature Not Verified Signed By:VAISHALI CM(M) 815/2026 Page 1 of 3 CHAUHAN Signing Date:16.04.2026 11:27:07 against the facts and law. The application has been moved at the stage of petitioner’s evidence. The examination of a handwriting expert is essential for proper adjudication of the case and the denial of such an opportunity would cause prejudice to the case of the petitioner. 5. The relevant portion of the impugned order dated 09th March, 2026 reads as follows: “It is seen that the right of the defendant to lead evidence was closed vide order dated 26.04.2025 and afterwards the defendant was granted opportunity to lead DE vide order dated 04.07.2025. The defendant examined herself as DW1 on 04.08.2025