GURSIMRAN SINGH AND ANR. vs MED FRESHE PVT LTD

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11.12.2025 + FAO 303/2025, CM APPL. 69313/2025, CM APPL. 69314/2025, CM APPL. 69315/2025 &CM APPL. 69316/2025 GURSIMRAN SINGH AND ANR. .....Appellants Through: Mr. Manish Kaushik, Mr. Raghunandan Shamra Advocates. versus MED FRESHE PVT LTD .....Respondent Through: Mr. Tanuj Gulati, Mr. Lokesh Kr. Bidhuri, Mr. Aman Bidhuri, Mr. Varun Rexwal and Mr. Dipanshu Bhambhu, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. This is an appeal filed by the defendant in Misc. SCJ No.50/2023 on the file of the Court of JSCC/ASCJ/GJ-02, aggrieved by the order dated 17.07.2025, by which his application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (the CPC) for setting aside the ex parte decree dated 18.08.2020 along with the application under Section 5 of the Limitation Act, 1963 (the Limitation Act) for condonation of delay in filing the said Signature Not Verified Signed By:KOMAL FAO 303/2025 Page 1 DHAWAN Signing Date:15.12.2025 14:49:06 application, were dismissed. 2. In the applications, it is alleged thus:- The appellant/defendant had engaged the services of a counsel before the trial court. However, the said counsel never instructed the defendant as to what had to be done in the proceedings. The dates of the hearing were also not informed by the counsel. Thereafter, the defendant, while on his way from Delhi to Chandigarh, met with a road accident pursuant to which he was advised complete bed rest for six months. In the month of January-February 2019, his mother was admitted to R.G. Stone Hospital, where she remained an inpatient for 10 days. Thereafter, on 17.05.2019, the applicant/defendant met with another road accident near Jaipur highway,