VIRENDER CHAWLA & ANR. vs NARESH & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18.11.2025 FAO 192/2025 and CM APPL. 43110/2025 VIRENDER CHAWLA & ANR. .....Appellants Through: Dr. Amit George, Mr. Manish Gandhi, Mr. Dhiraj Abraham Philip, Mr. Febin Mathew Varghese, Mr.Dushyant Kishan Kaul and Ms.Lija Merin John, Advocates. versus NARESH & ORS. .....Respondents Through: CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. The appellants are represented. 2. On the last date of hearing, i.e., 30.10.2025, there was no appearance on behalf of the respondents. However, on the said date, no adverse order was passed and the matter was adjourned to this day. 3. Today also, there is no appearance for the respondents. 4. Heard the learned counsel for the appellant. 5. The present appeal, under Order XLIII Rule 1 read with Section 104 of the Code of Civil Procedure, 1908 (the CPC), has been filed against the order dated 16.05.2025 passed by the learned District Judge -02, West District, Tis Hazari Courts, Delhi in CS No. 278/225, by which an application under Order XXXIX Rules 1 and 2 CPC was dismissed, holding that the appellants/ plaintiffs were unable to make out a prima