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2025 DAILYLAW 5686 (DEL)

VED PRAKASH v. AASHI TANWAR (THROUGH HER SPA MR SUNIL KUMAR) & ORS.

CM(M)/1621/2025 · 2026-07-29

Ajay Digpaul

body2025

Judgment text

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$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1621/2025 & CM APPL. 47900/2026 VED PRAKASH .....Petitioner Through: Mr. Bharat Garg and Mr. Sourav Pandiya and Ms. Surabhi Pandey, Advocates. versus AASHI TANWAR (THROUGH HER SPA MR SUNIL KUMAR) & ORS. .....Respondents Through: Mr. Koonal Tanwar, Advocate for R-1 & R-2. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 29.07.2026 1. The petitioner under Article 227 of the Constitution of India, seeks to assail the order dated 02.04.2025 whereby the learned trial court dismissed the application under Order VIII Rule 1A of the Code of Civil Procedure, 1908 and did not take certain additional documents on record. 2. The respondents no. 1 and 2 instituted the underlying partition suit bearing CS DJ 503/2020 seeking a preliminary decree of partition by metes and bounds of a property bearing No.WZ-375, Basai Darapur New Delhi. The petitioner thereafter filed this written statement on 18.12.2020. 3. The petitioner, on 31.01.2024, filed an application under Order VI Rule 17 CPC seeking to amend his written statement, and in February 2024, the petitioner filed an application under Order VIII Rule 1A CPC seeking to take on record additional documents along with the amended written statement. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2026 at 13:32:54 4. The learned trial court vide order dated 04.12.2024 allowed the application under Order VI Rule 17 and directed the amended written statement to be taken on record, however, vide the impugned order dated 02.04.2025, the learned trial court dismissed the application under Order VIII Rule 1A CPC. 5. The Parties are ad-idem that the present petition be disposed of, and the additional documents be taken on record, subject to cost. 6. Accordingly, the learned trial court is directed to take on record the additional documents sought to be placed on record vide the application under Order VIII Rule 1A CPC, subject to the payment of cost of Rs. 50,000/- to the Delhi High Court Bar Association, Account bearing No. 15530100000478 (IFSC Code: UCBA0001553) maintained with the UCO Bank, Delhi High Court, New Delhi payable by petitioner within a period of one week. 7. The present petition, along with pending applications, if any, stands disposed of subject to payment of cost as mentioned hereinabove. 8. Next date of hearing, i.e. 12.10.2026 stands cancelled. AJAY DIGPAUL, J JULY 29, 2026 Sk/sg This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2026 at 13:32:54