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Petition for re-open the evidence

IN THE COURT OF THE CIVIL JUDGE, CITY COURT, NEW DELHI
I.A. No. 28/2025 in O.S. No. 1027/2025

Mr. Arjun Kumar

…Petitioner/Plaintiff

Vs.

Ms. Neha Sharma

…Respondent/Defendant

Petition filed on behalf of the Petitioner/Plaintiff under Section 151 of the Code of Civil Procedure (CPC)

The petitioner respectfully submits that, for the reasons stated in the accompanying affidavit, this Hon’ble Court may kindly be pleased to re-open the plaintiff’s evidence and permit the petitioner to adduce further evidence, and to pass such other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.

Place: New Delhi
Date: 6th June 2025

Advocate for the Petitioner
(Signature)

N.B.: Against this order, revision lies.

IN THE COURT OF THE CIVIL JUDGE, CITY COURT, NEW DELHI
I.A. No. 28/2025 in O.S. No. 1027/2025

Mr. Arjun Kumar

Plaintiff

Vs.

Ms. Neha Sharma

Defendant

Affidavit

I, Mr. Arjun Kumar, S/o Mr. Ramesh Kumar, Hindu, aged about 35 years, Businessman, residing at 123, Green Park, New Delhi, do hereby solemnly affirm and state as follows:

  1. I am the plaintiff in the above suit and the petitioner herein. I am well acquainted with the facts of the case.
  2. I filed this suit seeking a declaration that I am the absolute owner of the schedule property based on the last will and testament executed by my father on 12th March 2015. The facts stated in the plaint may be read as part and parcel of this affidavit.
  3. Earlier, P.Ws. 1 to 3 were examined on my behalf. However, the scribe of the said will, Mr. Rajeev Narayan, was unavailable at that time as he had travelled to his daughter’s residence in Hyderabad. As a result, I could not summon him earlier to give evidence.
  4. Mr. Rajeev Narayan returned to New Delhi yesterday, and I now wish to examine him as P.W. 4, as his testimony is crucial to substantiate the execution and validity of the will. To establish my bonafides, I am filing his chief examination affidavit along with this petition.
  5. It is therefore respectfully prayed that this Hon’ble Court may be pleased to re-open the plaintiff’s side evidence and permit me to examine Mr. Rajeev Narayan as P.W. 4, in the interest of justice.
  6. If the present petition is not allowed, I will be put to grave and irreparable loss.

Deponent

Solemnly affirmed and the contents of this affidavit were read over and explained to the deponent in Telugu, and upon understanding the same, he has affixed his signature/thumbmark before me on this 6th day of June, 2025.

Place: New Delhi
Date: 6th June 2025

Advocate
(Signature)