MOHD ABID AND ANR vs RAJESH KUMAR JAIN

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 24th March, 2026 Pronounced on: 10th April, 2026 RFA 480/2025, CM APPL. 39351/2023, CM APPL. 12512/2023 & CM APPL. 55182/2025 1. MOHD ABID .....Appellants S/O MD. SALEEM 2. MS. KISHWARI W/O MD. ABID BOTH RESIDENTS OF AJMER BASTI, BHIWANI ROAD NEAR RAILWAY CROSSING/PHATAK, JIND, HARYANA- 126102 Through: Mr. Anjani Kumar Singh, Mr. Saroj Kumar Singh and Mr. Rajesh Sharma, Advs. VERSUS RAJESH KUMAR JAIN .....Respondent S/O LATE SH. S. P. JAIN RESIDENT OF: B-13/S1 DILSHAD GARDEN, DELHI NOW AT: 2/1 ANSARI ROAD, DARYAGANK CURRENT ADDRESS: 2898 URBAN ESTATE, JIND (HARYANA) Through: Respondent in person. Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT RFA No. 480/2025 Page 1 of 13 Signing Date:10.04.2026 17:27:28 CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA JUDGEMENT 1. Regular First Appeal under Section 96 read with Order 41 CPC has been filed against the Judgement and Decree dated 05.12.2022 (hereinafter referred to as „Impugned Order‟) in Suit for Recovery of Rs.75,20,182/- along with pendent lite and future interest @ 6% per annum filed by the Respondent Rajesh Kumar Jain, under Order XXXVII CPC. 2. The Respondent Doctor Rakesh Kumar Jain filed a Suit No. CS 617/2022 for Recovery of amount Rs.75,20,182/- along with pendent lite and future compound and penal interest. 3. The facts in brief as narrated in the Plaint was that the Plaintiff was a Senior Doctor and Specialist Orthopaedic Surgeon engaged in private practice in Delhi and NCR and was visiting Jind, Haryana regularly to give company to his widow septuagenarian mother, then living at the second camp/temporary address, as reflected in the Memo of Parties. 4. The Defendant No.1 was engaged in skilled work of manufacturing utensils out of aluminium