MS.SHASHI GARG vs MS.RENU GARG (SINCE DECEASED) THROUGH HER LRS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 09.02.2026 Judgment pronounced on: 24.02.2026 Judgment uploaded on: 24.02.2026 + RFA (COMM) 17/2024 MS. SHASHI GARG ...Appellant Through: Mr. Rakesh Kumar, Adv. versus MS. RENU GARG (SINCE DECEASED) THROUGH HER LRS. ...Respondents Through: Mr. B. N. Gaur, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal seeks to assail the judgment and decree dated 06.10.2023, passed by the Learned District Judge [hereinafter referred to as ‘LDJ’], Central District, Tis Hazari Court, Delhi, whereby the suit filed by the Appellant (Plaintiff before the LDJ) seeking recovery of Rs. 45,35,025/- came to be dismissed as being not maintainable on account of non-compliance of Order VI Rule 15A of the Code of Civil Procedure, 1872 [hereinafter referred to as ‘CPC’]. 2. For the sake of clarity, consistency and ease of reference, the parties in the present appeal shall be referred to in accordance with their respective status before the LDJ. Signature Not Verified RFA (COMM) 17/2024 Page 1 of 10 Signed By:JAI NARAYAN Signing Date:24.02.2026 15:25:21 FACTUAL MATRIX: 3. In order to comprehend the issues falling for the consideration before this Bench, relevant facts are required to be noticed. 4. The dispute between the parties arose out of the alleged non- payment by the Defendant (Respondent before this Court) against the goods bought from the Plaintiff (Appellant before this Court). The Plaintiff is the sole proprietor of the M/S Garg papers, engaged in the business of trading of all kinds of craft paper. In the ordinary course of this business, the Defendant approached the Plaintiff to purchase the said goods on credit basis. Accordingly, goods