Delhi High Court - Orders
Mohindar Mohan Khanna vs State Govt. Of Nct Of Delhi & Ors on 29 October, 2025
Author: Amit Bansal
Bench: Amit Bansal
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 37/2022 with I.A. 16088/2022
MOHINDAR MOHAN KHANNA .....Petitioner
Through: Mr. Saurabh Dev Karan Singh,
Advocate
versus
STATE GOVT. OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Saurabh Dev Karan Singh,
Advocate for R-3 and R-4
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 29.10.2025 I.A. 3716/2023 (seeking discovery of documents)
1. Counsel for the applicants/ respondents no.2 and 5 seeks to withdraw the present application.
2. The application is dismissed as withdrawn. I.A. 26722/2025 (seeking discovery of documents)
3. This application has been filed on behalf of the applicants/ respondents no.2 and 5 seeking discovery of documents from the petitioner.
4. At the outset, counsel appearing on behalf of the non- applicant/petitioner submits that various documents sought by the applicants have already been produced before the Court. Nevertheless, the petitioner may file the necessary affidavit in terms of Order 11 Rule 13 of the Code of Civil Procedure, 1908 ('CPC').
TEST.CAS. 37/2022 Page 1 of 4This 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 31/10/2025 at 23:23:53
5. Accordingly, the petitioner is directed to file his affidavit in Form No. 5 in terms of Order 11 Rule 13 of the CPC within two (2) weeks from today.
6. The application stands disposed of.
I.A. 26723/2025 (seeking leave to serve interrogatories)
7. This application has been filed on behalf of the applicants/ respondents no.2 and 5 seeking a direction to the petitioner to answer interrogatories raised on behalf of the applicants.
8. At the outset, counsel appearing on behalf of the non- applicant/petitioner submits that the petitioner may file the necessary affidavit in terms of Order 11 Rule 8 of the CPC, giving the response to the interrogatories.
9. Accordingly, the petitioner is directed to file his affidavit in Form No. 3 in terms of Order 11 Rule 9 of CPC within two (2) weeks from today.
10. The application is disposed of.
TEST.CAS. 37/202211. Affidavit of admission/denial of documents filed on behalf of the respondents no. 2 and 5 is permitted to be taken on record.
12. Similarly, the revised index of documents filed on behalf of the respondents no. 2 and 5 is also permitted to be taken on record.
13. In view of the amended index of documents being permitted to be taken on record, liberty is given to the petitioner to file a revised affidavit of admission/denial of documents.
14. Based on the pleadings of the parties, the following issues are framed:
i. Whether the will dated 18th December, 2010 is the last and final testament of late Sh. Surender Mohan Khanna? OPP ii. Whether the aforesaid will has been validly executed in TEST.CAS. 37/2022 Page 2 of 4 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 31/10/2025 at 23:23:53 accordance with law and is genuine? OPP iii. Any other relief.
15. No other issue arises or is pressed for.
16. Parties shall file their respective list of witnesses within four (4) weeks from today.
17. The petitioner shall file evidence of its witnesses by way of affidavits within four (4) weeks from today.
18. Counsel for the petitioner submits that a Local Commissioner may be appointed to record evidence in this case.
19. The petitioner is willing to bear the cost of the Local Commissioner.
20. In view thereof, Mr. Alakh Kumar, Advocate (9811063763) is appointed as Local Commissioner to record the evidence in this case. In this regard, following directions are hereby passed:
20.1. The fees of the Local Commissioner is fixed at Rs.15,000/- per hearing per hour.
20.2. The evidence will be recorded by the Local Commissioner within the High Court precincts.
20.3. No hearing fee will be payable on the dates when the matter is simplicitor adjourned on joint request, subject to parties duly informing the Local Commissioner at least 24 hours in advance; or else the session fees will be payable by the party seeking adjournment. 20.4. The Local Commissioner shall record the evidence in strict compliance with the Guidelines approved on 01.07.2024. The registry is directed to send the present order along with the copy of the Guidelines via email to Local Commissioner for information, besides a hard copy to be supplied through petitioner's/respondent's counsel.TEST.CAS. 37/2022 Page 3 of 4
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 31/10/2025 at 23:23:53 20.5. Parties shall approach the Local Commissioner with the order of this Court after six (6) weeks from today, for fixing dates for recording of evidence.
20.6. The Registry is directed to send a copy of this order to the Local Commissioner.
20.7. The parties shall provide full assistance to the Local Commissioner for recording of evidence.
21. List before the Joint Registrar for monitoring the recording of evidence on 8th April, 2026.
AMIT BANSAL, J OCTOBER 29, 2025 'JK' TEST.CAS. 37/2022 Page 4 of 4 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 31/10/2025 at 23:23:53