$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 01^st April, 2026 + CM(M) 146/2025 & CM APPL. 4505/2025 KASHIM AHMED .....Petitioner Through: Mr. Keshav Ahuja and Ms. Shivali Sharma, Advocates.

versus HARISH KUMAR .....Respondent Through: Mr. Rakesh Kumar, Advocate (throughVC)alongwithrespondentin person.

CORAM:

HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA

ORDER (Oral)

Rajneesh Kumar Gupta, J.

1. This hearing has been conducted through hybrid mode.

2. The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 16^th December, 2024 passed by the learned Trial Court in CS (COMM.) No. 163/2023, wherebytheapplicationfiledbythepetitioner/defendantunderOrderXIRule 5 of the Code of Civil Procedure, 1908 (‘CPC’) seeking directions to the respondent/plaintiff to produce his statement of account, has been dismissed.

3. Heard. Record perused.

4. Learned counsel appearing on behalf of the petitioner has argued that the trial Court has passed the impugned order on the basis of surmises and conjectures which is against the facts and law. The respondent had deliberately concealed the prior transactions to the said date a