SH ASHOK KUMAR vs SMT LAKSHITA CHANDEL

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 15.11.2025 FAO 153/2024 & CM APPLs. 27039/2024, 12939/2025 SH ASHOK KUMAR .....Appellant Through: Mr. Ghanshyam Thakur, Advocate alongwith appellant in person. Versus SMT LAKSHITA CHANDEL .....Respondent Through: Mr. Vikas Kumar and Mr. Govind Pareek, Advocates CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Order XLIII Rule 1 of the Civil Procedure Code, 1908 (the CPC), assails the correctness of Annexure P-1 Order dated 05.04.2024, whereby the trial court dismissed the appellant’s/defendant’s application under Order IX Rule 13 read with Section 151 CPC seeking setting aside of Annexure P-3 ex-parte decree dated 05.09.2023, as well as his application under Section 144 CPC, and thereby affirmed the ex- 2. The facts relevant to the present appeal are that the plaintiff/respondent instituted a suit on 12.02.2023 alleging that the appellant/defendant was her tenant in the two suit shops and had defaulted in payment of rent. The appellant/defendant was served with summons on 17.03.2023 and entered appearance on 30.05.2023, when time to file the written statem