DEVANAND SHARMA & ANR. vs MAHENDER PAL

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 26th, August, 2025 CM(M) 1614/2025 & CM APPL. 52997/2025 & CM APPL. 52998/2025 DEVANAND SHARMA & ANR. .....Petitioners Through: Mr. Hemant Vats, Mr. Vishal Garg, Advs. versus MAHENDER PAL .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. A summary suit under Order XXXVII CPC was filed against the petitioners herein. 2. Plaintiff was seeking recovery of Rs.6.50 lacs and pursuant to the summons issued by learned Trial Court, defendants entered their appearance. 3. Plaintiff moved an application seeking issuance of summons for judgment and pursuant to that, an application seeking leave to defend was also filed by defendant, albeit, belatedly. 4. Since the application seeking leave to defend was not filed within the prescribed period, the learned Trial Court, eventually, decreed the suit on 24.05.2023. 5. It was only after the abovesaid decree had been passed that the defendants woke-up from their slumber and moved an application under Order XXXVII Rule 4 CPC on 31.08.2023 with the prayer that such decree 6. Fact, however, remains that there is no change in the manner in which defenda