NARINDER KUMAR JAIN (DECEASED) THROUGH HIS LRS vs SIMMI JAIN AND ANR

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18.12.2025 + CM(M) 2441/2025, CM APPL. 79861/2025 & 79860/2025 NARINDER KUMAR JAIN (DECEASED) THROUGH HIS LRS .....Petitioners Through: Mr. Sumit Kumar, Advocate. versus SIMMI JAIN AND ANR .....Respondents Through: Mr. Thomas Oommen and Ms. Bhanu Kapoor, Advocate for R-1. CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioners/legal representatives of defendant have assailed orders dated 19.05.2025 and 12.09.2025 of the learned trial court, whereby their applications under Order IX Rule 7 CPC and under Order XVIII Rule 17 CPC were dismissed. 2. Broadly speaking, the present three petitioners and the present respondent no.2 are the legal representatives of the now deceased defendant who was contesting a loan recovery suit. It appears that on 19.05.2025, the CM(M) 2441/2025 Page 1 of 3 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, Signature Not Verified 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6f b4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80c bd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Digitally Signed Date: 2025.12.18 17:33:28 -08'00' By:NEETU N NAIR Signing Date:18.12.2025 17:35:36 respondent no.1/plaintiff appeared in the witness box and was cross- examined on behalf of the present respondent no.2 and discharged. Since none appeared on behalf of the present petitioners on that day, they subsequently moved an application, which was dismissed. The application under Order XVIII Rule 17 CPC was filed on behalf of the present respondent no.2, but she has not assailed the dismissal of that application. Therefore, presently the issue before this cour