Delhi High Court - Orders
Shri Ramesh Chander Goel vs Shri Daya Kishan Goel on 9 December, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1240/2008
SHRI RAMESH CHANDER GOEL ..... Plaintiff
Through: Mr.P.D. Gupta, Senior Advocate with
Mr.Abhishek Gupta, Advocate
versus
SHRI DAYA KISHAN GOEL ..... Defendant
Through: Ms.Anusuya Salwan, Mr.Bankim
Garg, Mr.Shakaib Khan, Advocates
with defendant in person.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 09.12.2022 I.A. No. 20920/2022 (under Order IX Rule 13 read with Section 151 CPC filed O/b defendant)
1. Vide the present application under Order IX Rule 13 of the Code of Civil Procedure, 1908, the defendant makes the following prayer:
"a) Set aside the ex parte decree dated 11.11.2022 passed against the Defendant in CS(OS) 1239/2008 and 1240/2008 and allow the Defendant to lead evidence before the Ld. Registrar in the suits bearing CS(OS) 1239/2008 and CS(OS) 1240/2008.
b) Restore the suit CS(OS) 1239/2008 and CS(OS) 1240/2008 to their original proceedings for recording of evidence of DW1.
Pass any other order or directions, which this Hon'ble Court l3 may deem just and proper may also kindly be pleased in favour of the applicant/Defendant."
2. Mr. Abhishek, Advocate present on behalf of the non- applicant/plaintiff accepts notice of the instant application.
Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:12.12.2022 18:50:593. Learned counsel appearing for the non-applicant/plaintiff seeks time to file reply to the application.
4. Let the reply on behalf of the non-applicant/plaintiff be filed within a period of two weeks. The rejoinder, if any, thereto on behalf of the applicant/defendant be filed within a week thereafter.
5. List on 12th January, 2023.
CHANDRA DHARI SINGH, J DECEMBER 9, 2022 SV/MS Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:12.12.2022 18:50:59