SUNIL KUMAR vs RAJESH KUMAR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20th May, 2026 Date of Decision: 29th May, 2026 + CM(M) 38/2026 & CM APPL. 995/2026 SUNIL KUMAR .....Petitioner Through: Mrs. Kajal Chandra, Ms. Hatneimawi, Mr. Suyash Swarup and Mr. Ananyay Bhardwaj, Advocates. versus RAJESH KUMAR .....Respondent Through: Mr. Dhruv Chawla, Advocate. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed by the petitioner/defendant under Article 227 of the Constitution of India assailing the order dated 09th December 2025, passed by the learned Trial Court, whereby the application filed by the respondent/plaintiff under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking permission to inspect the original documents bearing the signatures of Mr. Anil Kumar and to take necessary photographs thereof has been allowed. 3. I have heard learned counsel for the parties and perused the record. 4. Learned counsel for the petitioner has argued that the learned Trial Court has passed the impugned order on the basis of surmises and conjectures, which is against the law. It is argued that the handwriting expert Signature Not Verified Signed By:MANISHA CM(M) 38/2026 Page 1 of 5 RAJPUT Signing Date:29.05.2026 15:34:54 sought to be examined by the respondent was not cited in the list of witnesses filed by the respondent on 02nd January 2018. It is further submitted that no sufficient cause has been shown by the respondent in the application for omission to mention the name of the said witness in the list of witnesses. The respondent cannot be permitted to file an amended list of witnesses at a belated stage without moving an appropriate application in that regard. It is further submitted th