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Petition to receive additional evidence in appeal

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

Arjun Kumar

…Petitioner/Defendant

Vs.

Neha Sharma

…Respondent/Plaintiff

Petition filed on behalf of the petitioner/ appellant under Or. 41 R. 27  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 appellant to adduce additional evidence by receiving the documents filed herewith, 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: 06/06/2025

Advocate for Petitioner

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

Arjun Kumar

…Petitioner/Defendant

Vs.

Neha Sharma

…Respondent/Plaintiff

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 appellant in the main appeal and the petitioner herein, and I am well acquainted with the facts of the case.
  2. I filed the appeal as against the decree and judgment dated 20/04/2024 passed in O.S. No. 1024/2024 on the file of the City Civil Court, New Delhi. The respondent/plaintiff filed the suit for recovery of an amount of Rs. 15,00,000/- based on an alleged suit promissory note.
  3. In the trial court, I filed my written statement clearly denying any borrowing of money from the respondent. I contended that the claim is fabricated and not supported by any real financial transaction.
  4. The plaintiff/respondent is an income tax assessee, and at that time, I could not produce the relevant income tax return documents which were essential to show that the respondent never disclosed such a loan in her filings.
  5. After filing the present appeal, I obtained certified copies of the income tax assessments and returns of the plaintiff/respondent from the Income Tax Department through proper procedure. The said returns do not reflect the alleged transaction of Rs. 15,00,000/-, and this directly supports my defense that no such loan was advanced.
  6. Therefore, I humbly submit that the additional evidence now available is vital and necessary to determine the real issues in the case. There has been no willful negligence or delay on my part in securing this evidence earlier.
  7. Hence, I pray that the Hon’ble Court may be pleased to permit me to adduce additional evidence by receiving the income tax returns of the plaintiff/respondent filed herewith as annexures, and pass such other order(s) as the Court may deem just and proper.

Else, I will be put to irreparable loss.

Deponent: Arjun Kumar

Solemnly affirmed and the contents of the affidavit were read over to the deponent and explained in Telugu, and the deponent admitted them to be true and correct. The deponent signed/thumb-marked before me on this the 6th day of June, 2025.

Place: New Delhi
Date: 06/06/2025

Advocate for Petitioner