Delhi District Court
Mahavir Senior Model School vs Deshraj Aggarwal on 24 March, 2026
IN THE COURT OF SHRI MAYANK MITTAL
SCJ-CUM-RC, NORTH -WEST DISTRICT,
ROHINI COURTS, DELHI
Suit No.1638/2023
CNR No. DLNW03-003230-2023
In the matter of :
1. Mahavir Senior Model School
Sangam Park Extension, Rana Pratap Bagh,
G.T. Karnal Road, Delhi-110033.
2. The Mahavira Foundation
Sangam Park Extension, Rana Pratap Bagh,
G.T. Karnal Road, Delhi-110033.
......Plaintiffs
VERSUS
1. Mr. Deshraj Aggarwal,
5126/12, Harphool Singh Building Subzi Mandi,
Clock Tower, New Delhi-110007.
2. Mrs. Savita Aggarwal,
5126/12, Harphool Singh Building Subzi Mandi,
Clock Tower, New Delhi-110007.
......Defendants
Date of institution : 04.12.2023
Reserved for Judgment : 14.03.2026
Date of decision : 24.03.2026
CS SCJ No. 1638/2023 Mahavir Senior Model School & Anr. vs. Deshraj Aggarwal & Anr. Page No. 1 of 8
SUIT FOR RECOVERY
JUDGMENT (EX-PARTE)
1. This is a suit for recovery of Rs. 96,914/- (Rupees Ninety- Six Thousand Nine Hundred and Fourteen Only) along with interest @ 18% per annum from the due date till realization along with decree for compensation and legal costs.
2. The brief facts of the case of the plaintiffs as averred in the plaint are that the plaintiff no. 1 is an unaided minority private school, namely, Mahavir Senior Model School and the plaintiff no. 2 is a society, namely, Mahavira Foundation, registered in 1978 and Sh. Lokesh Raghav is the authorized signatory of this society. It is stated that the defendants are the parents of Arnav Aggarwal, a student in the plaintiff's school, admitted on 31.03.2017 under admission no. 0649. It is stated that the defendants were regularly paying the school fee till the year 2019 and after 2020 onwards, the defendant are not paying the school fee even after sending several reminders through notices and emails informing the defendants to pay the outstanding fee of their ward.
2.1 It is further averred in the plaint that the defendant no. 1 is having a business of printing flex board for very long period of time and the defendant no. 2 is a housewife/home maker, despite of that the defendants with malicious intent have clearly avoided to pay the arrears of his children. The annual income of CS SCJ No. 1638/2023 Mahavir Senior Model School & Anr. vs. Deshraj Aggarwal & Anr. Page No. 2 of 8 defendant no. 1 at the time of admission of their ward in the year 2017 was Rs. 3,60,000/-.
2.2 It is further averred in the plaint that the schools of Delhi are governed by provisions of the Delhi School Education Act and Rules, 1973 and as per Rule 165 of this Act, it is mandatory for parents to pay the school fee of their ward. The plaintiff through several correspondences and verbal communication requested the defendants to pay the outstanding fees but they failed to do so. However, the plaintiff, on humanitarian grounds allowed the ward of the defendant, namely, Arnav Aggarwal to continue his studies in the school. It is stated that the name of the defendants' ward was struck off from the plaintiff's school on 06.02.2023 without clearing the outstanding school fees of Rs.96,614/- till the academic year 2020-2021 to 2022-23 to the plaintiff's school.
2.3 That it is imperative to mention that the Hon'ble Delhi High Court in W.P.(C) No. 3426/2020 titled as Mahavir Sr. Model School & Anr. vs. Directorate of Education vide judgment dated 15.03.2023 held that a private unaided school is not required to seek prior approval from the Directorate of Education for increase of fees, provided the fee structure is not arbitrary or fraudulent.
2.3.1 The Hon'ble Court further directed that parents must clear the outstanding school fees within four weeks from the date of the judgment.
CS SCJ No. 1638/2023 Mahavir Senior Model School & Anr. vs. Deshraj Aggarwal & Anr. Page No. 3 of 8 2.3.2 Earlier, by interim order dated 25.05.2021, the Hon'ble High Court directed parents to deposit 50% of the arrears within two weeks from the day of issuing directions and give an undertaking to pay the remaining 50% if the school was found entitled to the same.
2.3.3 Subsequently, in another writ petition No. 3858 of 2022, titled as Abhibhavak Ekta Sangh Through AR Sh. Sameer Verma Vs. DoE & Ors, the Hon'ble High Court vide order dated 06.09.2022 directed parents to pay the fees immediately for 40% of the amount and the remaining 60% through post-dated cheques (PDC's) cheques in three instalments. payable in October, November and December 2022, and to continue paying monthly fees from October 2022 onwards, shall be paid on time, as and when claimed by the respondent-schools. 2.3.4 Despite the above directions of the Hon'ble High Court, the defendants/parents failed to clear the outstanding fees and did not comply with the court orders.
2.3.5 The said matter was finally disposed of by the Hon'ble Delhi High Court on 24.05.2023, directing the parents to pay the school fees immediately, and the judgment has attained finality.
2.4 It is stated that the plaintiffs were constrained to issue a legal notice dated 07.07.2023 to the defendants, however, despite receiving the legal notice, the defendants did not even bother to reply to the same nor paid the outstanding fees. Hence, the present suit.
CS SCJ No. 1638/2023 Mahavir Senior Model School & Anr. vs. Deshraj Aggarwal & Anr. Page No. 4 of 8
3. The defendants were served with the summons of the suit on 10.03.2025 respectively. However, the defendants failed to appear despite service, therefore, defendants was proceeded ex- parte vide order dated 19.01.2026 and the plaintiff was directed to bring ex-parte evidence.
4. The plaintiff examined Shri Lokesh Raghav, AR of the plaintiff school, as PW1, who in his evidence by way of affidavit Ex.PW-1/A has reiterated and reaffirmed the averments made in the plaint. He has relied upon the following documents :
a. Admission Form of the student is Ex. PW1/1; b. Copy of ledger of student alongwith fee structure are Ex.
PW1/2 (colly);
d. Copy of judgment dated 15.03.2023 is Ex.PW1/3; e. Copy of final judgment of dated 24.05.2023 is Ex.PW1/4; e. Copy of legal notice dt. 07.07.2023 alongwith speed post receipt are Ex. PW1/5 (Colly).
5. I have heard the plaintiff and perused the material available on record carefully.
6. Before giving findings on the evidence led by plaintiff and submissions advanced on behalf of plaintiff, it is important to note that in the present case, though the defendants were served with the summons of the suit on 10.03.2025 respectively, however, despite granting sufficient opportunities, the defendants failed to file written statement and accordingly, right of the defendants to file written statement was closed and they were CS SCJ No. 1638/2023 Mahavir Senior Model School & Anr. vs. Deshraj Aggarwal & Anr. Page No. 5 of 8 also proceeded ex-parte vide order dated 19.01.2026. It is further noted that the Court is mindful of the fact that in cases where the defendant is ex-parte, the Court needs to be extra cautious, as it would not have the advantage of defence pointing out the defect in the case of plaintiff and before passing the judgment, the pleadings and evidence of the plaintiff should be weighed carefully before arriving at the finding as to whether the plaintiff has made out a case for a decree. The initial burden to prove the averments of the plaintiff rests entirely upon the plaintiff who has to discharge the said burden as per law. In civil litigation, it is sufficient for the plaintiff to prove its case by preponderance of probabilities. In Adiveppa V. Bhimappa (2017) 9 SCC 586, Hon'ble Supreme Court of India has observed that:
"It is a settled principle of law that the initial burden is always on the plaintiff to prove his case by proper pleadings and adequate evidence (oral and documentary) in support thereof."
Thus, the burden to prove the case as per law entirely is upon the plaintiff, by way of documentary and oral evidence.
7. PW-1 has proved on oath the allegations against the defendant and the evidence produced by the plaintiff goes on unchallenged and un-rebutted. Admission Form of Arnav Aggarwal is Ex. PW1/1; Copy of fee ledger of student Arnav Aggarwal alongwith fee structure are Ex. PW1/2 (colly); Copy of judgment of the Hon'ble High Court of Delhi of case titled as Mahavir Sr. Model School & Anr. Vs. Directorate of Education W.P.(C) No. 3426/2020 dated 15.03.2023 is Ex.PW1/3; Copy of judgment of the Hon'ble High Court of Delhi titled as CS SCJ No. 1638/2023 Mahavir Senior Model School & Anr. vs. Deshraj Aggarwal & Anr. Page No. 6 of 8 Abhibhavak Ekta Sangh Through AR Sh. Sameer Verma Vs. Directorate of Education W.P.(C) No.3858/2022 dated 24.05.2023 is Ex.PW1/4; Copy of legal notice dated 07.07.2023 alongwith speed post receipt are Ex. PW1/5 (Colly).
8. The present suit is filed within the prescribed period of limitation as per provisions of Limitation Act and the present suit has been instituted on 04.12.2023, hence the present suit is within limitation. As defendants have not turned up despite service and accordingly was proceeded ex-parte, the averments made in the plaint and the testimony of the plaintiff during PE remained unrebutted. There is no reason to disbelief the unrebutted testimony of PW1 and the documents relied upon him. These documents coupled with testimony of the plaintiffs prove the case of the plaintiffs.
Relief
9. In view of the reasons given above and uncontroverted evidence brought on record, the suit of the plaintiffs is decreed and followings reliefs are granted in his favour and against the defendants:-
i. Decree for a sum of Rs. 96,914/- (Rupees Ninety-Six Thousand Nine Hundred and Fourteen Only).
ii. Seeing the prevalent market conditions, pendente lite and future interest at the rate of Rs. 9% per annum is also awarded in CS SCJ No. 1638/2023 Mahavir Senior Model School & Anr. vs. Deshraj Aggarwal & Anr. Page No. 7 of 8 favour of the plaintiff from the date of filing of the present suit i.e. 01.12.2023 till the realization of the amount.
iii. Cost of the suit.
10. Decree sheet be prepared accordingly.
File be consigned to Record Room after due compliance.Digitally signed by MAYANK
MAYANK MITTAL MITTAL Date:
2026.03.24 15:29:51 +0530 Announced in the Open Court on 24.03.2026 (Mayank Mittal) Senior Civil Judge-cum-Rent Controller, North West District : Rohini Courts : Delhi CS SCJ No. 1638/2023 Mahavir Senior Model School & Anr. vs. Deshraj Aggarwal & Anr. Page No. 8 of 8