GITANJALI ARORA & ORS. vs PARITOSH CHANDIOK

Judgment text excerpt

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 23rd February, 2026 + CM(M) 422/2026 GITANJALI ARORA & ORS. .....Petitioners Through: Mr. Shadman Ahmed Siddiqui, Mr. Kartik Pandey and Mr. Rohit Jain, Advocates (through VC). versus PARITOSH CHANDIOK .....Respondent Through: Mr. Rishi Manchand and Mr. Siddharth Mullick, Advocates (through VC). CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. CM APPL. 12193/2026 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. CM(M) 422/2026, CM APPL. 12191/2026 & CM APPL. 12192/2026 3. The present petition has been filed by the petitioners under Article 227 of the Constitution of India, 1950, assailing the order dated 27th January, 2026, passed by the learned Trial Court in Civ Suit 8195/16 (old no. 176/2013), whereby the application of the petitioner/defendant under Section 151 of the Code of Civil Procedure, 1908 (‘CPC’), seeking recall of the order dated 24th December, 2022, has been dismissed. Signature Not Verified Signed By:MANISHA CM(M) 422/2026 Page 1 of 5 RAJPUT Signing Date:24.02.2026 11:22:39 4. Learned counsel for the respondent appears on advance notice and accepts notice. 5. The matter is taken up for hearing with the consent of the learned counsel for the parties. 6. Learned counsel for the petitioners submits that the main issue urged before this Court is to recall the order dated 24th December, 2022, whereby the defence of the petitioner was struck off. The defence had been struck off on account of non-payment of occupation charges. The delay in moving the application under Section 151 CPC is owed to the old age of the original defendant and on account of his subsequent death