BABITA & ANR. vs GEETA

Judgment text excerpt

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 08.12.2025 + FAO 331/2025 BABITA & ANR. .....Appellants Through: Mr. K.S. Verma, Mr. Vipin Rana, Mr. Vinay Panwar and Mr. Vishu Verma, Advocates. versus GEETA .....Respondent Through: CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. CM APPL. 77380/2025 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. CM APPL. 77379/2025 3. This is an appeal under Order XLIII Rule 1 Code of Civil Procedure, 1908 (the CPC) filed by the applicants/defendants in Misc. DJ 117/2025 on the file of the Court of the District Judge- Signature Not Verified Signed By:KOMAL FAO 331/2025 Page 1 DHAWAN Signing Date:09.12.2025 15:32:57 01, (East), Karkardooma Courts, Delhi, aggrieved by the order dated 04.11.2025, by which their application under Order IX Rule 13 CPC and the application under Section 5 of the Limitation Act, 1963 (the Limitation Act) have been dismissed. 4. Initially, when the appeal came up before this Court on 28.11.2025, notice was issued to the respondent/plaintiff. However, today, an application for stay of the execution proceedings, being CM APPL. 77379/2025 has come up for consideration. The learned counsel for the appellants/defendants is heard on the question of stay as well as the merits of the appeal. 5. The learned counsel for the appellants/ defendants submit that two advocates engaged to represent the appellants/defendants never appeared before the trial court, and therefore, the matter was proceeded ex-parte. It is stated that the appellants/defendants, for the first time, came to know about the ex-parte judgment only on 29.01.2025, when they received summons in the execution petition. Thereafter, a new counsel was engag