SMT. MANJU BHARDWAJ vs SHRI CHANDER MOHAN THROUGH LRS

Judgment text excerpt

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17th March, 2025 + FAO 339/2023 and CM APPL. 66829/2023 – STAY SMT. MANJU BHARDWAJ .....Appellant Through: Mr. Pramod Kumar, Ms. Mukta Sharma, Advs. versus SHRI CHANDER MOHAN THROUGH LRS .....Respondent Through: Mr. Ravi Bassi, Mr. Sanyam Malik, Mr. Akshat Dhawan, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. This appeal is preferred by the appellant/defendant under Order XLIII Rule 1 read with Sections 41 and 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”], assailing the impugned order dated 24.03.2023 passed by the learned trial Court/Executing Court, West District, Delhi in Misc. No. 44/2023 titled as ‘Chander Mohan v. Mrs. Manju Bhardwaj’, thereby rejecting the application filed by the appellant/defendant under Order IX Rule 13 of the CPC. 2. Having heard the learned counsels for the parties and upon perusal of the record, this Court has no hesitation in finding that the present appeal is bereft of any merits. 3. First things first, it would be expedient to reproduce the findings recorded by the learned trial Court, which go as under: “7. The main case file of civil suit bearing no.208/2016 (old number) and CIS No.l 1658/2016 was summoned for consideration Signature Not Verified FAO 339/2023 Digitally Signed By:PRAMOD Page 1 of 5 KUMAR VATS Signing Date:18.03.2025 20:19:39 on present application. Perusal of the records of main case file reveals that the summons of the suit were served upon the son of the applicant/defendant on 27.02.2018. The applicant/defendant chose not to appear and was proceeded exparte vide order dated 26.07.2016. The plaintiff side was examined in ex-parte evidence on 06.04.2017. The suit was dismissed for non-appeara