SH. KAILASH JAIN vs SH. SOMVEER NAYAK

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th August, 2025 + CM(M) 2895/2024 & CM APPL. 38436-38437/2024 SH. KAILASH JAIN .....Petitioner Through: Mr. Anubhav Bhardwaj, Advocate. versus SH. SOMVEER NAYAK .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is plaintiff before the learned Trial Court and has filed a suit which is summary in nature. 2. Pursuant to the summons issued by the learned Trial Court the defendant entered his appearance under Order XXXVII Rule 3 CPC, albeit, belatedly and the grievance is with respect to order dated 03.06.2024 whereby such delay has been condoned by the learned Trial Court. 3. Even as per the basic calculation made by the plaintiff, the summons were served upon the defendant on 01.03.2024 and the defendant entered his appearance on 13.03.2024 and, therefore, there is a delay of three days. 4. The sole grievance of the plaintiff is that no cogent reason has been furnished for causing delay in entering the appearance and, therefore, the learned Trial Court should not have condoned the delay. 5. The impugned order would indicate that the learned Trial Court has, Signature Not Verified Digitally Signed CM(M) 2895/2024 1 By:SONIA THAPLIYAL Signing Date:21.08.2025 16:40:00 after appreciating the averments made in the application, came to conclusion that the defendant had been able to show “sufficient cause” for delay in entering the appearance. It also observed that it was duly supported by a screenshot of the conversation between the counsel and brother of the defendant. 6. Keeping in mind that the insignificant delay, the learned Trial Court has condoned the same and has allowed the abovesaid application filed by the defendant. 7. There is no dispute about