BHUPINDER CHADHA & ANR. vs ASHOK KUMAR KHURANA

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27th March, 2025 + CM(M) 406/2023 & CM APPL. 12021/2023 BHUPINDER CHADHA & ANR. .....Petitioners Through: Mr. Joby P. Varghese with Mr. Jagmeet Singh Randhawa and Mr. Aby P. Varghese, Advocates. versus ASHOK KUMAR KHURANA .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. None appears on behalf of respondent/plaintiff. 2. It needs to be highlighted that in the present matter, the respondent i.e. plaintiff was duly served and despite service, there is no appearance from his side. When this matter was taken up on 24.08.2023, it was cautioned that if there was no appearance from the side of respondent on the next date of hearing, the matter would be decided in his absence. 3. Thereafter also, there has been no appearance from the side of respondent. Today also, the situation remains the same. 4. Fact, however, remains that the issue involved in the present petition is very short. 5. Petitioners are defending a summary suit filed under Order XXXVII CPC and plaintiff (respondent herein) seeks recovery of Rs.4 lacs with cost and interest. 6. After institution of the abovesaid suit, the process was directed to be Signature Not Verified Digitally Signed CM(M) 406/2023 1 By:SONIA THAPLIYAL Signing Date:28.03.2025 12:14:30 issued to the defendant. 7. In view of the process reports received, the learned Trial Court ordered fresh issuance of summons and in this regard, reference be made to order dated 30.05.2022, which reads as under:- “Report over process dated 24.09.2021 and 12.10.2021, as per which the defendants remained unserved. Issue fresh summons of the suit in Form 4 Appendix B CPC to the defendants through all modes including e-mode on filing of PF/RC-AD/ speed p