$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 557/2022 BASANT GOEL .....Plaintiff Through: Mr. Rupesh Tyagi and Mr. Samyak Raj, Advs.

versus SOM PRAKASH SETHI & ORS. .....Defendants Through: Mr. Saurabh Seth, Ms. Neelampreet Kaur and Mr. Abhiroop Rathore, Advs.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 27.08.2025

1. The issue which arises for consideration of this Court vide this order relates to the fact that the Plaintiff has served upon the Defendants a rebuttal evidence affidavit dated 19.09.2024 (‘rebuttal affidavit’) after the Plaintiff’s and Defendants’ evidence had been concluded.

2. The Defendants as recorded in the order dated 17.12.2024 raised an objection to the said rebuttal affidavit of the Plaintiff.

Arguments of the Defendants

3. It is stated that the rebuttal affidavit seeks to prove facts which are admittedly beyond the pleaded case of the Plaintiff in the plaint.

3.1. It is stated that the rebuttal affidavit seeks to explain the circumstances under which a WhatsApp chat dated 21.09.2021 (Ex. PW1/D1) was exchanged between the parties. It is stated that the said fact of CS(COMM) 557/2022 Page 1 of 9 WhatsApp chat dated 21.09.2021 has been