ASHMA KHATOON vs SH. AKHTAR HUSSAIN & ORS.

Judgment text excerpt

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 02.12.2025 + FAO 338/2022 and CM APPL. 56604/2022 ASHMA KHATOON .....Appellant Through: Mr. Javed Ahmad, Advocate. versus SH. AKHTAR HUSSAIN & ORS. .....Respondents Through: Mr. M.L. Yadav, Mr. Harish Chand, Mr. Anant Chittoria, Mr. P.C. Arya and Mr. Prashant, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. This is an appeal against the order dated 04.06.2019 passed by the trial court in M DJ No. 245/2019 by which the application filed by the defendant no.1 in C.S no. 959/2016 under Order IX Rule 13 Civil Procedure Code,1908 (the CPC) was dismissed. 2. In the application filed under Order IX Rule 13 CPC it was alleged that the defendant no.1 was quite old and an illiterate lady Signature Not Verified Signed By:KOMAL DHAWAN FAO 338/2022 Page 1 Signing Date:05.12.2025 14:37:44 suffering from various ailments due to which she was unable to contact her lawyer. It was also alleged that an application filed by her under Order VII Rule 11 CPC was pending for consideration before the trial court. As she was unable to contact her lawyer due to her several ailments, she was not able to give necessary instructions to her counsel as a result of which she was set ex-parte on 18.09.2018 and, thereafter on 04.06.2019 an ex-parte decree was passed against her. Hence, the application under Order IX Rule 13 CPC for setting aside the ex-parte decree. 3. The application under Order IX Rule 13 CPC was accompanied by an application under Section 5 of the Limitation Act 1963 seeking condonation of delay of 139 days in filing the application. 4. The respondent/plaintiff filed objections contending that there are no sufficient reasons or cause shown for either condoning th