STATE OF NCT OF DELHI & ANR. vs DINESH KUMAR JAIN & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 14th November, 2025 Judgment pronounced on: 28th November, 2025 + FAO 53/2023 & CM APPL 11451/2023 STATE OF NCT OF DELHI & ANR. .....Appellants Through: Mr. Anshuman, SPC with Mr. Vaibhav Sood, Advocates. versus DINESH KUMAR JAIN & ANR. .....Respondents Through: Mr. Tushar Sannu, Adv.(GNCTD) with Mr. Utkarsh Singh, Advocate. Mr. Jittin Dua, Advocate. Mr. Vinay Gupta, Mr. Ram Manohar Singh, Ms. Chandni Singh, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Section 104 read with Order XLIII Rule 1(d) of the Civil Procedure Code, 1908 (the CPC) impugns the order dated 30.01.2023 passed by the learned District Judge, East District, Karkardooma Courts, in Misc. DJ Signature Not Verified Signed By:KOMAL FAO 53/2023 Page 1 of 20 DHAWAN Signing Date:28.11.2025 11:21:03 No. 21/2022 in O.S. 2738/2016, whereby the appellants’/defendants’ application under Order IX Rule 13 CPC for setting aside the ex-parte judgment and decree dated 11.02.2020 was dismissed on the dual grounds of limitation and absence of sufficient cause. 2. The respondent/plaintiff instituted a suit for declaration of title, possession, and consequential reliefs, originally registered as CS No. 158/2012 on the file of this Court. The appellants/defendants appeared through counsel and filed their written statement contesting the respondent’s/plaintiff’s claim. 3. Consequent upon enhancement of pecuniary jurisdiction, the suit stood transferred to the District Court pursuant to Notification dated 24.11.2015, and the record was made returnable to the Court of the learned District Judge vide order dated 27.04.2016. Signature Not Verified Signed By:KOMAL FAO 53/2023 Page 2 of 20