SUNMEET SINGH vs DIVYANK BOSE & ORS. & ORS.

Judgment text excerpt

$~74 * 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 to why the defence should not be struck off. 5. When the matter was taken up by this Court on 03.04.2025, notice was Signature Not Verified Digitally Signed CM(M) 617/2025 1 By:SONIA THAPLIYAL Signing Date:24.04.2025 16:58:38 directed to be issued to respondents. 6. Pursuant to that, Mr. Sumit Kasana learned proxy counsel for Mr. Pratyaksh Raj, Advocate has joined the proceedings through video conferencing. He also informs that Mr. Pratyaksh Raj is in some personal difficulty as his nephew is hospitalized. 7. Fact, however, remains that the present petition involves a very short po