Sangeeta Shivhare v. Manish Verma & ORS.
$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1584/2025, CM APPL. 52165/2025, CM APPL. 52166/2025 & CM APPL. 52167/2025 SANGEETA SHIVHARE .....Petitioner Through:
Mr. M D Ali with Mr. Hakim Khan and Ms. Shalee, Advocates.
versus MANISH VERMA & ORS.
.....Respondent Through:
None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 22.08.2025 1.
Petitioner is plaintiff before the learned Trial Court and has filed a suit seeking recovery.
2.
The suit is commercial in nature.
3.
It seems that when the replication was filed by plaintiff, she also annexed therewith certain documents.
4.
The manner in which the documents were placed on record, along with the replication, was challenged by the defendants and they moved an application under Section 151 CPC, praying therein that these documents, which were on record without the leave of the Court, be taken off the record. 5.
The abovesaid request has been acceded to and, therefore, such documents have taken off the record.
6.
Such order is under challenge.
7.
Learned counsel for petitioner does admit that he should have sought leave of the Court by filing appropriate application, instead of tagging those with the replication.
8.
After hearing arguments for some time, learned counsel for CM(M) 1584/2025 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 27/08/2025 at 12:39:28
petitioner/plaintiff, without prejudice to his rights and contentions, does not press the present petition. He, however, seeks liberty to move appropriate application under Order XI Rule 1(5) CPC before the learned Trial Court with the prayer to take those very documents on record. 9.
Ideally, when the abovesaid application has been moved by the defendant under Section 151 CPC, the plaintiff should have also filed an application to the abovesaid effect.
10.
Be that as it may, in view of the abovesaid statement made by the learned counsel for petitioner/plaintiff, the present petition is disposed of as not pressed. All rights and contentions of parties are reserved. 11.
Petitioner/plaintiff would be at liberty to file any such application under Order XI Rule 1 (5) CPC and, as when, any such application is filed, learned Trial Court, after giving due opportunity of hearing to both the sides, shall dispose of the same, in accordance with law. 12.
Petition stands disposed of in aforesaid terms. 13.
Pending applications also stand disposed of in aforesaid terms. MANOJ JAIN, J AUGUST 22, 2025/sw/JS CM(M) 1584/2025 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 27/08/2025 at 12:39:28