MALKIT SINGH vs JARNAIL SINGH

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 08.12.2025 FAO 258/2019 & CM APPLs. 29301/2019, 50343/2019 & 53452/2019 MALKIT SINGH .....Appellant Through: Mr. K.S. Sharma, Advocate Versus JARNAIL SINGH .....Respondent Through: Mr. Satish Kumar, Mr. Chirag Jain, Mr. Parth Mehra and Mr. Harshil Gupta, Advocates CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Order XLIII Rule 1 read with Section 151 of Civil Procedure Code, 1908 (the CPC) has been filed by the applicant/defendant, in case bearing No. M-130/18 on the file of the learned Additional District and Sessions Judge, South East District, Saket Courts, New Delhi, aggrieved by order dated 01.05.2019 by which his application under Order IX Rule 13 CPC was dismissed. 2. In the application it was alleged, that the applicant/defendant had not received summons in the suit and that he became aware of the decree only upon the receipt of notice in the execution petition. The trial court dismissed the application on the ground that the summons issued to the defendant had been refused by him and that he had knowledge of the decree as early as on 31.05.2018,