RAJEEV JAIN & ANR. vs GULSHAN KUMAR JAIN (SINCE DECEASED) THROUGH LR. DEEPAK JAIN

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03rd July, 2025 + CM(M) 1121/2025 & CM APPL. 37944/2025 & CM APPL. 37945/2025 RAJEEV JAIN & ANR. .....Petitioners Through: Mr. Vishvanath Kumar, Mr. Siddhant Rai Sethi, Mr. Mayank Gupta, Ms. Srishti Jain & Mr. Sahib Gurdeep Singh, Advs. Alongwith petitioners in person. versus GULSHAN KUMAR JAIN (SINCE DECEASED) THROUGH LR. DEEPAK JAIN .....Respondent Through: Mr. Ravi Dev Sharma, Advocate (through VC). CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point raised in the present petition is very short and precise. 2. The petitioners herein are defending a suit for permanent injunction, occupational charges/damages. 3. The suit is regular in nature and not a commercial one. 4. During pendency of the abovesaid suit, plaintiff moved an application under Order XV-A CPC and such application was allowed by the learned Trial Court on 24.07.2024. 5. Since there was no compliance of the abovesaid order, learned Trial Court has struck off the defence of the defendants (petitioners herein) vide Signature Not Verified Digitally Signed CM(M) 1121/2025 1 By:SONIA THAPLIYAL Signing Date:05.07.2025 12:29:58 order dated 11.09.2024. 6. Such order is under challenge. 7. The prime-most contention coming from the side of the petitioners is to the effect that as per the specific mandate of Order XV-A (2) CPC, it is incumbent upon the learned Trial Court to issue Show Cause Notice. However, instead of issuing any Show Cause Notice, on the same day itself i.e. 11.09.2024, the learned Trial Court has struck off the defence of the petitioners. 8. Learned counsel for the respondent/plaintiff joins the proceeding through video conferencing on advance notice and submits that there was no other option left to the le