NARESH KUMAR vs SHASHI KIRAN AMAR & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21th March, 2025 CM(M) 533/2025 & CM APPL. 16690-16692/2025 NARESH KUMAR .....Petitioner Through: Mr. Ravi Kapoor, Mr. Dhruv Chawla, Ms. Aditi Singhal and Ms. Shreya, Advocates. versus SHASHI KIRAN AMAR & ANR. .....Respondents Through: Ms. Archana Jain and Mr. Arjav Jain, Advocates for R-1. Mr. Gautam Dhamija, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The petitioner has filed a suit seeking declaration and injunction. 2. Defendant No. 2 was proceeded against ex parte in terms of order dated 07.09.2022. 3. Subsequent to such order, she moved an application under Order IX Rule 7 CPC. Such application was taken up by the learned Trial Court on 11.11.2024 and was allowed. 4. The relevant portion of the abovesaid order reads as under: “ Law on the Order IX Rule 6 CPC has been succinctly summarized by our Hon'ble High Court in 'Lotus International vs Chaturbhujadas Kamani Textiles (P) Ltd.', 1996 SCC Online DEL 876. In Para 23 of the judgment, Hon'ble Delhi High Court has observed: “(23). From the aforesaid rulings the following principles can be summarized. Where the Court has decided to pr