JAGDEV YADAV vs LOKESH GUPTA & ORS.

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15.12.2025 + FAO 317/2023, CM APPL. 63178/2023, CM APPL. 68881/2025 & CM APPL. 68880/2025 JAGDEV YADAV .....Appellant Through: Mr. Sanjay Kumar, Mr. Manoj Kumar Verma and Mr. Yudhister Sharma, Advocates. versus LOKESH GUPTA & ORS. .....Respondents Through: Ms. Neeraj Rathee and Mr. Rajeev Saini, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. This is an appeal under Order XLIII Rule 1 and Section 104 of the Code of Civil Procedure, 1908, filed by the defendant no. 4 in Misc. Application No. 850/2022 on the file of ADJ-03, Rohini Courts, North District, Delhi, aggrieved by the order dated 23.01.2023 by which his application for setting aside the ex parte Signature Not Verified Signed By:KOMAL FAO 317/2023 Page 1 DHAWAN Signing Date:18.12.2025 15:52:04 order dated 12.07.2022 was dismissed. 2. According to the appellant/defendant no. 4, he never received summons in the case, and therefore, he was unaware of the proceedings that had been initiated by respondent no. 1/plaintiff. It was also alleged that the other respondents, namely defendant no. 1 and 2, who are his parents and his brother, defendant no.3, were conniving against him as a result of which, they also did not inform him about the proceedings. His non- appearance before the Court was not deliberate and hence, the petition for setting aside the ex parte decree. 3. The application was opposed by respondent no. 1/plaintiff who contended that summons was, in fact, served on the defendant no. 4 and therefore, there is no reason for setting aside the ex parte order. 4. The trial court, after considering the materials on record and after hearing both sides, dismissed the application, holding Signa