RAJ KAPOOR PRASAD YADAV vs NAVNEET CHATURVEDI

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th March, 2025 + CM(M) 500/2025 RAJ KAPOOR PRASAD YADAV .....Petitioner Through: Mr. R.K. Bali and Ms. Meghna Bali, Advocates. versus NAVNEET CHATURVEDI .....Respondent Through: Mr. Parmod Kumar Singhal and Mr.Rahul Singhal, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 15439/2025 (Exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. CM(M) 500/2025 3. The petitioner is defending a suit for mandatory and permanent injunction. The petitioner is defendant no. 2 in such suit. 4. According to learned counsel for the petitioner (defendant no. 2), he was never aware of the abovesaid suit filed against him and, he never authorised anyone to represent him in the above said suit before the learned Trial Court. 5. Learned counsel for the petitioner submits that though in order sheet dated 23.03.2023, it is mentioned that the counsel for defendant no. 2 had Signature Not Verified Digitally Signed CM(M) 500/2025 1 By:SONIA THAPLIYAL Signing Date:18.03.2025 15:53:48 appeared and had submitted that he had not received copy of the plaint along with the documents, fact remains that as per the specific case of the petitioner, he neither received any summons nor instructed any counsel to appear before the learned Trial Court on said date i.e. 23.03.2023. 6. However, the grievance in the present petition is against order dated 05.09.2024. Since the written statement was not been filed by the petitioner herein, and since there was no representation from his side on that day, the learned Trial Court directed his defence to be struck off. 7. Such order is under challenge. 8. When asked, learned counsel for the petitioner submitted that he d