DEVANAND SHARMA & ANR. vs MAHENDER PAL

Judgment text excerpt

$~88 * 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 Signature Not Verified Digitally Signed CM(M) 1614/2025 1 By:DINESH CHANDRA Signing Date:27.08.2025 19:46:46 may be set aside. 6. Fact, however, remains that there is no change in the manner in which defendants were conducting themselves before the learned Trial Court as when the matter was, eventually, taken up by learned Trial Court on 15.04.2025, there was no appearance from their side and, accordingly, their abovesaid application was dismissed for non-appearance and non-prosecution. 7. Learned Trial Court also recorded that even the cost which had been imposed upon them vide order dated 03.07.2024, had not been cleared. 8. The things did not stop there. 9.