ASHOK KUMAR SETH & ANR. vs DR. SURAJ PRAKASH SETH & ORS.

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.04.2025 + RFA(OS) 40/2024 & CM APPL. 42153/2024 ASHOK KUMAR SETH & ANR. .....Appellants Through: Mr. SK Gupta & Mr. Puneet Saini, Advs along with the Appellant (in person) versus DR. SURAJ PRAKASH SETH & ORS. .....Respondents Through: Respondent (in person) CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) CM APPL. 21126/2025 1. This application has been filed by the appellants seeking condonation of delay of 20 days in filing the rejoinder to CM APPL. 42154/2024. 2. For the reasons stated in the application, the delay is condoned. The rejoinder is taken on record. 3. The application stands disposed of. CM APPL. 42154/2024 (D-777 days in filing) 4. This application has been filed by the appellants seeking condonation of delay of 777 days in filing the present appeal, which is a challenge to the Judgement and Decree dated 18.02.2020 passed by the learned Single Judge of this Court in CS(OS) 46/2017, titled Dr. Signature Not Verified Signed By:VIJAYA RFA(OS) 40/2024 Page 1 of 4 LAKSHMI DOBHAL Signing Date:16.04.2025 13:04:14 Suraj Prakash Seth & Ors. v. Dr. Ashok Kumar Seth & Ors. 5. In the said Suit, the appellants had been proceeded ex parte vide Order dated 13.12.2017. 6. The appellant no. 1, who appears in person, submits that the said judgement and decree were obtained by fraud inasmuch as he had not been staying at the Kalkaji address that was given in the plaint by the respondent nos. 1 to 4 herein, as he was posted at the Banaras Hindu University. 7. He further sought to make submissions on the merits of the appeal. 8. On the other hand, the respondent nos. 1 and 2, who also appear in person, oppose this application by contending that though the app