Banti @ Girdhari Lal @ Gaurav vs Naveen Kumar & Anr on 5 October, 2023

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Delhi High Court - Orders

Banti @ Girdhari Lal @ Gaurav vs Naveen Kumar & Anr on 5 October, 2023

Bench: Anup Jairam Bhambhani

                                    $~1
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           FAO 251/2023 & CM APPL. 48562/2023
                                                BANTI @ GIRDHARI LAL @ GAURAV                ..... Appellant
                                                                Through: Mr. Dalip Singh with Ms. Lalita
                                                                           Singh and Mr. Irfan Ahmad,
                                                                           Advocates.
                                                                versus
                                                NAVEEN KUMAR & ANR.                       ..... Respondents
                                                                Through:
                                                CORAM:
                                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                                ORDER

% 05.10.2023 CM APPL. 48561/2023 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

CM APPL. 48564/2023

By way of the present application filed under section 5 of the Limitation Act 1963 read with section 151 of the Code of Civil Procedure 1908, the applicant/appellant seeks condonation of 22 days' delay in re-filing the appeal.

2. For the reasons stated in the application, which is duly supported by affidavit, the delay in re-filing is condoned.

3. Application stands disposed-of.

CM APPL. 48563/2023

4. By way of the present application filed under section 5 of the Limitation Act 1963, the applicant/appellant seeks condonation of 1215 days' delay in filing the appeal.

This is a digitally signed order. FAO 251/2023 Page 1 of 3

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 07/10/2023 at 23:38:19

5. Issue notice.

6. Upon the appellant taking requisite steps let notice be sent to the respondents by all permissible modes, returnable for the next date.

7. Let replies to this application be filed within 06 weeks; rejoinders thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.

8. Re-notify on 26th February 2024.

FAO 251/2023

9. By way of the present appeal, the appellant impugns order dated 18.02.2020 whereby the learned Additional District Judge, Patiala House Courts, New Delhi has dismissed his application under Order IX Rule 13 of the Code of Civil Procedure 1908 ('CPC') seeking setting- aside of ex-parte decree dated 19.03.2016 along with an application under section 5 of the Limitation Act 1963, seeking condonation of delay in filing that application.

10. Mr. Dalip Singh, learned counsel appearing for the appellant submits that the appellant had no knowledge of the pendency of the suit and was never served with the summons in the suit. It is contended that the service report to the contrary that was placed before the learned Trial Court appears to have been prepared by process server collusively with the respondents.

11. Counsel submits that judgement and decree dated 19.03.2016 came to the appellant's knowledge only when he was arrested and produced before the executing court, which remanded him to civil prison, from where he was released on 12.11.2018. Counsel explains that this was This is a digitally signed order. FAO 251/2023 Page 2 of 3 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 07/10/2023 at 23:38:19 also the cause for the delay in filing the application under Order IX Rule 13 CPC before the learned Trial Court.

12. Issue notice.

13. Upon the appellant taking requisite steps let notice be sent to the respondents by all permissible modes, returnable for the next date.

14. Since the present proceedings are an appeal, no counter-affidavit/reply is called-for.

15. The appeal will be considered subject to the decision on the condonation of delay application.

16. Re-notify on 26th February 2024.

ANUP JAIRAM BHAMBHANI, J OCTOBER 5, 2023 ds This is a digitally signed order. FAO 251/2023 Page 3 of 3 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 07/10/2023 at 23:38:20

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Delhi High Court - Orders