SUNMEET SINGH vs DIVYANK BOSE & ORS. & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 23rd April, 2025 CM(M) 617/2025 & CM APPL. 19664-19665/2025 SUNMEET SINGH .....Petitioner Through: Mr. Rakesh Patiyal with Mr. Rohan Nagpal, Mr. P. Mohan, Mr. Bhupesh Verma, Advocates. versus DIVYANK BOSE & ORS. & ORS. .....Respondents Through: Mr. Sumit Kasana, Advocate (through V.C.) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a commercial suit which seeks ejectment, recovery of arrears of rent and damages. 2. During pendency of the suit, learned District Judge (Commercial Court) passed an order under Order XV-A CPC on 11.02.2025. Such order has already been challenged by defendant by filing a separate petition i.e. CM(M) 414/2025. 3. The present petition challenges a subsequent order dated 19.03.2025 whereby the defence of defendant No.4 (petitioner herein) has been struck off for non-compliance of the abovesaid order. 4. Learned counsel for the petitioner submits that, even as per the bare provision contained under Order XV-A(2) CPC, before passing any such order for striking off defence, the Court is mandated to serve a notice upon the defendant or his counsel to show cause as