JAGDEV YADAV vs LOKESH GUPTA & ORS.

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 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