Dismissed¶21

Shally Gupta & Anr. v. Stuti Agarwal

Delhi HC16 Jul 2026CM(M)/1491/2026

Case brief

AI extract

What is this about?

Delhi HC, CM(M) 1491/2026, decided 16.07.2026 by Ajay Digpaul, J.: petition by Shally Gupta & Anr. against closure of defendants' evidence (Trial Court order dt. 22.04.2026) dismissed in limine; witness had stated he could not describe the property's value and that nobody from 99acres.com could authenticate its valuation; no illegality found in the order closing evidence.

What did the court decide?

Since the witness who was to be examined specifically stated in Court that he was not in a position to describe the value of the property, this Court finds no illegality in the order under challenge. ¶20

Shally Gupta & Anr. Vs Stuti Agarwal — Delhi HC (2026) — LawSathi Research

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$~81

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 1491/2026, CM APPL. 44361/2026, CM APPL. 44362/2026 & CM APPL. 44363/2026

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SHALLY GUPTA & ANR. .....Petitioners

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Through: Appearance not given.

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versus

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STUTI AGARWAL .....Respondent

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Through:

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CORAM:

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HON'BLE MR. JUSTICE AJAY DIGPAUL

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O R D E R

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% 16.07.2026

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Through the present petition, the petitioner is challenging the order dated 22.04.2026 by which the petitioners’/defendants’ evidence has been closed.

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It has been submitted by the learned counsel appearing for the petitioners that the witness who was to be examined on 22.04.2026 was already named in the list of witnesses filed before the learned Trial Court.

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It is further submitted by the learned counsel for the petitioners that the evidence proposed to be adduced would go to the root of the case, and would establish that the suit property is beyond the pecuniary jurisdiction of the learned Trial Court.

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Lastly, it is also submitted by the learned counsel for the petitioner that the learned Trial Court has erred in not giving proper and effective opportunity to the petitioner to lead evidence. Merely because a witness, on the relevant day, could not produce all the records, does not amount to be a sufficient reason to close the petitioner’s right to lead evidence.

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To that effect, this Court observes that the said witness had made a statement before the learned Trial Court on 22.04.2026 that nobody from 99

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2026 at 11:22:19

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acres.com could authenticate the valuation of the property as the same has been put up through advertisements by the owner.

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This Court is of the view that since the witness, who was to be examined, has specifically stated in the Court that he is not in a position to describe the value of the property, this Court feels that there is no illegality in the order which is under challenge.

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The present petition along with pending applications stands dismissed in limine .

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AJAY DIGPAUL, J

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JULY 16, 2026/ AS/sg

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2026 at 11:22:19

Shally Gupta & Anr. v. Stuti Agarwal

Case brief

What is this about?

What did the court decide?

Shally Gupta & Anr. v. Stuti Agarwal

Case brief

What is this about?

What did the court decide?

What the court decided

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