RAJEEV SEHGAL vs VED PRAKASH

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16th May, 2025 + EX.F.A. 14/2025 & CM APPL. 30139-30140/2025 RAJEEV SEHGAL .....Appellant Through: Mr. Amitabh Chaturvedi with Mr. Vibha Sharma and Ms. Rimjhim Suhani, Advocates. versus VED PRAKASH .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Appellant herein has suffered a decree. 2. The suit was summary in nature. 3. The defendant was duly served with summons and even appeared before the learned Court but fact remains that despite being served on 30.03.2024, he did not file any appearance. Therefore, the plaintiff was held entitled to a judgment and, resultantly, suit was decreed in favour of the plaintiff and against the defendant for a sum of Rs.9,50,000/- with interest @ 6% per annum. 4. The case of the appellant is that he was not advised and guided appropriately by his counsel, and he was never aware that there was any legal requirement of submitting appearance in writing within any prescribed period and, therefore, he, unfortunately, suffered a decree. It is submitted that for Signature Not Verified Digitally Signed EX.F.A. 14/2025 1 By:SONIA THAPLIYAL Signing Date:17.05.2025 13:11:56 such negligence on the part of the concerned counsel, the appellant has even filed a complaint with Bar Council of Delhi. 5. Admittedly, so far, the aforesaid judgment/decree has not been challenged by the plaintiff. However, when Execution Petition was filed, Objection Petition under Section 47 CPC was filed by the same defendant i.e. Judgment Debtor Sh. Rajiv Sehgal and the learned Executing Court vide judgment dated 09.05.2025, has dismissed the Objection Petition, holding that there was no merit in the same. 6. Simultaneously, the learned Executing Court has also