NEERAJ vs DEEPAK GUPTA

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12th March, 2026 CM(M) 2129/2024 & CM APPL. 16095/2024 NEERAJ .....Petitioner Through: Mr. Vinod Malhotra, Advocate. versus DEEPAK GUPTA .....Respondent Through: Ms. Saloni Uppal, Advocate. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed under Article 227 of the Constitution of India, by the petitioner/defendant, assailing the order dated 26th February, 2024 passed by the learned Trial Court in Civil DJ No. 46/2019, with the following prayers: “It is therefore prayed that the impugned order dated 26.02.2024 of dismissing the application U/0 9 Rule 7 may please be set aside and consequently order dated 22.01.2024 of ex parte proceedings against the defendant/applicant may also be set aside and the defendant/applicant be allowed to join the proceedings and contest the suit and cross examine the plaintiff and his witnesses.” 3. Heard. Record perused. 4. At the outset, learned Counsel for the respondent/plaintiff submitted that the respondent has no objection if the present petition is allowed and