[Cites 2, Cited by 0]
Delhi High Court
Sushil Kumar Soni & Ors vs Ravinder on 11 March, 2026
Author: Amit Bansal
Bench: Amit Bansal
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 11th March, 2026
+ RFA 894/2018 with CM APPL. 45592/2018, CM APPL. 45593/2018
& CM APPL. 16609/2021
SUSHIL KUMAR SONI & ORS .....Appellants
Through: Ms. Varsha Agarwal, Advocate
(through VC).
versus
RAVINDER .....Respondent
Through: Mr. Rohan Kanhai, Advocate.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
AMIT BANSAL, J. (Oral)
CM APPL. 45592/2018
1. The appellants (plaintiffs before the Trial Court) instituted a suit being
CS No. 576168/2016 titled Shri Sushil Kumar Soni & Ors. v. Shri
Ravinder inter alia for recovery of possession, use, occupation, damages,
mesne profits as well as permanent injunction.
2. The said suit as dismissed vide judgment dated 28th August, 2018
passed by ADJ-03 (N/W), Rohini Courts, Delhi (hereinafter 'impugned
judgment').
3. The appellants preferred the present appeal against the impugned
judgment along with the present application under Order XLI Rule 27(aa) of
the Code of Civil Procedure, 1908 (hereinafter 'CPC') seeking to place on
record additional evidence in the form of following documents:
4. It is submitted on behalf of the appellant that the aforesaid documents
were in possession of the appellant no.3, who was the mother of the
appellants no.1 and 2 and who expired on 2nd February, 2013, i.e., during the
pendency of the suit.
5. It is the submission of the appellants that the aforesaid documents
were not traceable till the time of decision of the Trial Court and the
appellants were not aware of the said documents.
6. The appellant no.3 resided with her son, Lt Cdr. Vijay Kumar Soni
(appellant no.2), at Ramesh Nagar, Delhi.
7. It was only in September 2018, i.e. after the dismissal of the suit, that
the appellant no.3(iii), the daughter of the late appellant no.3, visited the
place of the appellant no.2 at Ramesh Nagar and opened the almirah of the
late appellant no.3 that the aforesaid documents were found therein in an
envelope.
8. It is submitted on behalf of the appellants that the aforesaid
documents are necessary for the adjudication of the present appeal and the
same could not be filed before the Trial Court despite due diligence
exercised on behalf of the appellants.
9. Reply to the present application has been filed on behalf of the
respondent stating that the aforesaid documents should have been brought
on record by the appellants before the Trial Court and the appellants cannot
be permitted to bring the aforesaid documents on record at this stage.
10. I have heard counsel for the parties.
11. The Trial Court in the impugned judgment has specifically noted that
no Agreement to Sell executed in favour of the appellant no.3, late Smt.
Chand Rani, has been filed by the appellants.
12. The Trial Court, however, has also recorded in paragraph 11 of the
impugned judgment that in the affidavit of the original seller Sh. Ram Saran
Dass Khurana (Ex.PW-1/5), it has specifically been mentioned that an
Agreement to Sell has been entered with the appellant no.3 and the vacant
possession of the subject property has been delivered to her. Paragraph 11 of
the impugned judgment is set out below:
13. Therefore, in my considered view, the aforesaid documents are
necessary and relevant for the adjudication of the present appeal.
14. I am satisfied with the aforesaid explanation given by the appellants
for not bringing the aforesaid documents on record before the Trial Court
despite exercise of due diligence.
15. Accordingly, this Court is of the view that the aforesaid documents
should be admitted in evidence in the present appeal.
16. Photocopies of the aforesaid documents have been placed on record
with the present appeal as Annexures P-78 and P-79 respectively. It is stated
that the appellants are in possession of the originals thereof.
17. In view of the above, the present application is allowed and the
aforesaid documents are taken on record.
18. The application is disposed of accordingly.
19. In view of the order passed above, liberty is given to the respondent in
the present appeal to file an affidavit of admission/ denial in respect of the
aforesaid additional documents taken on record within four (4) weeks from
today.
20. List before the Joint Registrar on 28th April, 2026 for marking of
exhibits in respect of the aforesaid additional documents. The appellants
shall produce the originals before the joint registrar on the said date.
21. List the appeal for hearing on 12th August, 2026 at Top of the Board
in the category of 'Advance List'.
AMIT BANSAL, J
MARCH 11, 2026
Rzu
