VIRENDER KUMAR vs ASHOK KUMAR BAJAJ

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 05th August, 2025 CM(M) 997/2021 & CM APPL. 39831/2021 VIRENDER KUMAR .....Petitioner Through: Mr. Savinder Singh and Ms. Barnali Mukherjee, Advocates versus ASHOK KUMAR BAJAJ .....Respondent Through: Mr. Pradeep Parihaar, Advocate (Through VC) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner has challenged order dated 12.10.2021 passed by learned First Appellate Court whereby his appeal has been dismissed on the point of limitation. 2. Let me narrate some relevant facts. 3. A suit was filed against the petitioner herein, which was decreed, ex parte, vide order dated 15.07.2016. 4. Stand of the petitioner (defendant before the learned Trial Court) is to the effect that he was never served with the summons and, therefore, the decree was passed behind his back, which violated the principles of natural justice. He, accordingly, filed an application under Order IX Rule 13 CPC. 5. When the aforesaid application was taken up by the learned Civil Judge, North-West, Rohini Courts, it took note of the fact that he learnt about the ex parte decree in question on 28.10.2017, when he had received “warrants of a