SH SURYA PRAKASH GUPTA vs N.S. CHAHAL AND ORS

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11.11.2025 + FAO 307/2025 & CM APPLs. 70086/2025& 70087/2025 SH SURYA PRAKASH GUPTA .....Appellant Through: Mr. Bharat Sareen and Mr. Sonu Singh, Advocates Versus N.S. CHAHAL AND ORS .....Respondents Through: Mr. Sharique Hussain and Ms. Kirti Garg, Advocates for R-5. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Section 104 read with Order XLIII Rule 1 of the Civil Procedure Code, 1908 (the CPC), has been filed for assailing the Annexure A-1 order dated 27.09.2025 passed by the learned District Judge, New Delhi (the trial court) in Misc. DJ No. 544/2024, whereby the appellant's/defendant’s application under Order IX Rule 13 the CPC read with Section 151 of the CPC, and the accompanying application under Section 5 of the Limitation Act, 1963 (the Act) seeking condonation of delay, were dismissed. Signature Not Verified Signed By:RAJ BALA FAO 307/2025 Signing Date:13.11.2025 Page 1 of 8 10:45:58 2. The facts necessary for adjudication are-The respondent/plaintiff instituted a suit in 2013 seeking declaration and cancellation of a sale deed dated 17.05.2013 executed in favor of the appellant and for injunction. The suit was dismissed for non- prosecution on 01.04.2019. Thereafter, an application under Order IX Rule 9 CPC for restoration was filed on 06.04.2019 which was registered as Misc. DJ No. 54/2019. The said application was allowed on 04.04.2022 and the suit restored to its original number. On 07.06.2022, the appellant/defendant was proceeded ex-parte, and an ex-parte decree was ultimately passed on 26.07.2023. 3. The appellant/defendant claims to have learnt of the ex-parte decree only on 18.05.2024 when the bailiff visited his pr