AJAY KUMAR vs LOKESH KUMAR @ LOKESH & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 22nd July, 2025 CM(M) 1310/2025 & CM APPL. 43454-43455/2025 AJAY KUMAR .....Petitioner Through: Ms. Aashna Arora and Mr. Tejas Batra, Advocates versus LOKESH KUMAR @ LOKESH & ANR. .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit for partition and injunction. 2. Admittedly, the defence of the petitioner (defendant no. 1 before the learned Trial Court) was struck off on 17.11.2023 as he did not even care to file written statement. Fact remains that despite the fact that his right to file written statement had been closed and his defence had been struck off, he kept on appearing before the learned Trial Court and was even permitted to cross-examine PW1 on legal aspects. 3. He never, in the interregnum, sought recalling of said order or challenged the same anywhere. When the aforesaid suit reached the stage of final arguments, petitioner (defendant no. 1) moved an application under Order VIII Rule 1A (3) r/w Section 151 CPC seeking restoration of his defence and taking on record certain documents. By virtue of aforesaid application, he made reference to vario