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Petition to examine the witness before commencement of trail

IN THE COURT OF THE CITY COURT, NEW DELHI
I.A. No. 23/2025 in O.S No. 1024/2024

Arjun Kumar

…Petitioner/Plaintiff

Vs.

Neha Sharma

…Respondent/Defendant

Petition filed on behalf of the petitioner/Plaintiff under Or.18 R.16 and 151 of CPC.

For the reasons stated in the accompanying affidavit, the petitioner prays that the Hon’ble Court may be pleased to permit the petitioner/plaintiff to examine the witness Sri Mahesh Verma, scribe of the will, before commencement of the trial, and to pass such other orders as the Hon’ble Court deems fit and proper in the circumstances and in the interest of justice.

Place: New Delhi
Date: 6th June 2025

Advocate for Petitioner

IN THE COURT OF THE CITY COURT, NEW DELHI
I.A. No. 23/2025 in O.S No. 1024/2024

Arjun Kumar

…Plaintiff

Vs.

Neha Sharma

…Defendant

Affidavit

I, Arjun Kumar, S/o Ramesh Kumar, Hindu, aged about 35 years, Occupation: Businessman, R/o 123, Green Park, New Delhi, do hereby solemnly affirm and state on oath as follows:

  1. I am the plaintiff in the suit and the petitioner herein, and I am well acquainted with the facts of the case.
  2. I filed the suit for declaration that I am the absolute owner of the plaint schedule property in accordance with the will executed by my father. The contents in the plaint may be read as part and parcel of this affidavit.
  3. The scribe of the said will, Sri Mahesh Verma, is aged about 82 years and is suffering from asthma. The other witnesses to the will are no more, and the scribe is the only person available to give evidence and prove the will.
  4. The witness’s condition is unstable. At this juncture, I respectfully request the Hon’ble Court to examine the witness before the trial of the case, in the interest of justice.

Hence, I therefore pray that the Hon’ble Court may be pleased to examine Sri Mahesh Verma, scribe of the will dated 15th March 2010, before the commencement of the trial.

Else, I will be put to irreparable loss.

Deponent

Solemnly affirmed and the contents of the affidavit read over to the deponent and explained in Telugu, and admitted that the contents are true and correct. He signed before me this the 6th day of June, 2025.

Place: New Delhi
Date: 6th June 2025

Advocate