Delhi High Court
Shri Jagdish Seth vs Shri Charanjit Lal Kapoor (Since ... on 12 November, 2025
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12.11.2025
+ CM(M) 1001/2022 & CM APPL. 41601/2022 (stay)
SHRI JAGDISH SETH
.....Petitioner
Through: Mr. Roshan Santhalia, Advocate.
versus
SHRI CHARANJIT LAL KAPOOR (SINCE DECEASED)
THROUGH LRS & ORS.
.....Respondents
Through: Mr. S.K. Bhaduri with Mr. Prem
Prakash, Advocates.
CORAM: JUSTICE GIRISH KATHPALIA
O R D E R (ORAL)
1. Petitioner/defendant has assailed order dated 04.07.2022 of the
learned trial court, whereby at the stage of defendant's evidence, his
documents were not taken on record. I have heard learned counsel for both
sides and examined the record.
2. Briefly stated, the predecessor of the present respondents filed a suit
for recovery of possession and permanent injunction against the present
petitioner pertaining to a plot of land bearing Khasra No. 431, within the
revenue estate of Village Mandawali Fazalpur, Illaqa Shahdara, Delhi-
CM(M) 1001/2022 Page 1 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af
3962c6fb4835d435f97626cacca, ou=HIGH COURT
OF DELHI,CID - 7047638, postalCode=110003,
KATHPALIA
st=Delhi,
Digitally Signed serialNumber=d3e86796451ec45c07b5d15570996
b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
By:NEETU N NAIR Date: 2025.11.12 17:53:57 -08'00'
Signing Date:12.11.2025
18:05:08
110092 (hereinafter referred to as the "suit property"). The present
petitioner/defendant resisted the suit, claiming himself to be in possession of
Khasra No. 430, within the revenue estate of Village Mandawali Fazalpur,
Illaqa Shahdara, Delhi-110092 and not of the suit property. At the stage of
defendant's evidence, the petitioner/defendant filed an application, seeking
to place on record four documents, namely, title deeds of the property of the
petitioner/defendant; judgment dated 15.12.2010 passed by the trial court in
a civil suit; order dated 19.11.1988 passed in the said suit for demarcation of
the property, subject matter of that suit as well as the demarcation report
filed by the revenue authorities; and order dated 15.09.2014 of this High
Court. The learned trial court, after hearing both sides dismissed the
application mainly on the ground that the petitioner/defendant did not make
any whisper as to why the concerned documents were not filed along with
the Written Statement and as to whether the said documents were not in
possession of the petitioner/defendant.
3. In the course of the hearing of the present petition before the
predecessor bench, on 27.08.2024, learned counsel for petitioner/defendant
opted to confine the petition only to the extent of filing copy of one death
certificate, certain orders, judgment, one roznamcha (DD Entry) and a
demarcation report.
4. So far as copies of the judicial order and judgment is concerned,
learned counsel for respondents has no objection if the same are taken on
record. So far as the death certificate is concerned, although there was no
CM(M) 1001/2022 Page 2 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
Digitally Signed KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
By:NEETU N NAIR cn=GIRISH KATHPALIA
Date: 2025.11.12 17:53:46 -08'00'
Signing Date:12.11.2025
18:05:08
reference in that regard in the application of the petitioner/defendant but
learned counsel for respondents/plaintiffs submits that even the said
document can be taken on record.
5. But as regards the roznamcha (DD entry) and the demarcation report,
learned counsel for respondents/plaintiffs has strong objection because there
is no explanation as regards relevance of the said documents.
6. As regards the relevance of the said two documents, learned counsel
for petitioner/defendant contends that the same would show that the suit
property falls in Khasra No. 430 and not 431. But if that be so, the
respondents/plaintiffs would lose the suit. Further, copies of the alleged
roznamcha and the demarcation report are not even on record.
7. More importantly, there is not even a whisper as to when the said two
documents came into possession of the petitioner/defendant and as to for
what reason those documents were not filed with the Written Statement. It
would be unfair to take the respondents/plaintiffs by surprise by introducing
those two new documents at the stage of defendant's evidence without there
being any explanation as regards failure to file those documents at
appropriate stage.
8. Therefore, on both counts, namely, the relevance and the explanation
for failure to file those documents at an appropriate stage, the
petitioner/defendant must fail.
CM(M) 1001/2022 Page 3 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
Digitally Signed KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e2
By:NEETU N NAIR 6fa, cn=GIRISH KATHPALIA
Date: 2025.11.12 17:53:35 -08'00'
Signing Date:12.11.2025
18:05:08
9. I am unable to find any infirmity in the impugned order that would
call for intervention under Article 227 of the Constitution of India. However,
in view of the above submissions, the copies of the judgment and judicial
order can be taken on record with consent of the other side.
10. Accordingly, the petition stands disposed of, modifying the impugned
order with consent of both sides that certified copies of the judgment dated
15.12.2010, judicial order dated 19.11.1988 and order dated 15.09.2014 of
this court are taken on record. Accompanying application also stand
disposed of.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965f
f801e26fa, cn=GIRISH KATHPALIA
Date: 2025.11.12 17:53:22 -08'00'
GIRISH KATHPALIA
(JUDGE)
NOVEMBER 12, 2025/ry
CM(M) 1001/2022 Page 4 of 4 pages
