MRS DAISY RAJPAL vs SH PUKHRAJ SINGH

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 20th January, 2025 Pronounced on: 5th May, 2025 + CM(M) 3958/2024 & CM APPL. 70261/2024 (Stay) MRS DAISY RAJPAL .....Petitioner Through: Mr. Rahul Dev Tyagi, Adv alongwith Mr. Satyaprakash Rajpal husband of petitioner. versus SH PUKHRAJ SINGH .....Respondent Through: Mr. G. S. Narula & Mr. Vijender Singh, Advs alongwith respondent. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is a petition under Article 227 of the Constitution of India, challenging the legality and validity of the impugned orders dated 08.11.2023, 05.12.2023 & 11.09.2024, passed by the court of learned District Judge-03, Patiala House Court, New Delhi in CS No. 219/2023, titled “Pukhraj Singh Vs. Daisy Rajpal.” 2. The brief background of the case is that respondent filed a suit for recovery of possession, recovery of arrears, mesne profits/damages and other charges against the petitioner. Summons were issued to the petitioner CM (M) 3958/2024 Page 1 of 12 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:05.05.2025 11:01:23 on 29.05.2203 for 05.08.2023. Since the summons were unserved, fresh summons were issued for 23.09.2023 with direction to serve the petitioner through all the prescribed modes as per the Code of Civil Procedure [“Code”]. Directions were issued that process be also served through WhatsApp and one copy of the process be affixed at the suit premises. 3. Summons were served by the Process Server by way of affixation on 15.09.2023. On 23.09.2023, the Presiding Officer of the court was on leave and therefore the matter got adjourned to 08.11.2023. 4. Petitioner did not file written statement within the stipulated period, and therefore vide order dated 08.11.2023, the defenc