ASHWANI GUPTA vs TALA RAM KAMBOJ & ORS.

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 05th May, 2026 + CM(M) 933/2023 & CM APPL. 29710/2023 ASHWANI GUPTA .....Petitioner Through: Mr. Aditya Nayyar, Adv. versus TALA RAM KAMBOJ & ORS. .....Respondents Through: None. 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 on behalf of the petitioner under Article 227 of the Constitution of India, 1949, assailing the order dated 13th January, 2023 passed by the learned Appellate Court in RCA DJ No. 37/20, whereby the appeal qua respondent no. 1 has been dismissed in default for non-prosecution. 3. No one has appeared on behalf of respondents. 4. Heard. Record perused. 5. The impugned order dated 13th January, 2023 reads as under: “No steps in terms of previous order have been taken by the appellant for prosecution of the present appeal qua respondent no. 1. It is submitted by Ld. Counsel for the appellant that the steps could not be taken as the appellant is not aware about the death of respondent no.1 nor is he aware about the whereabouts/details of Signature Not Verified Signed By:NAMITA CM(M) 933/2023 Page 1 of 2 DHYANI Signing Date:06.05.2026 11:30:50 his LRs if he has already expired. Time sought on behalf of the appellant to take steps for substituted service of respondent no.1, however, looking into previous conduct of the appellant, I am not inclined to grant any further time for the aforesaid purpose. The present appeal qua respondent no. 1 is accordingly dismissed in default for non-prosecution….” 6. Learned Counsel for the petitioner submits that the court has passed the impugned order without appreciating the facts of the case as the respondent No. 1 is the ne