BHAGWAN DAS RAMESH CHAND JAIN vs SUMIT VATS

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 07th May, 2026 CM(M) 1046/2026 & CM APPL. 30587/2026 BHAGWAN DAS RAMESH CHAND JAIN .....Petitioner Through: Mr. Abhishek Kaushik, Advocate. versus SUMIT VATS .....Respondent 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. CM APPL. 30588/2026 (for exemption) 2. Allowed, subject to all just exceptions. The application stands disposed of. CM(M) 1046/2026 3. The present petition has been filed under Article 227 of the Constitution of India, assailing the order dated 20th March, 2026 passed by the learned Trial Court in CS DJ ADJ No. 928/2023, whereby the application filed on behalf of the petitioner under Order XXXVII Rule 3(5) read with Section 151 of the Code of Civil Procedure, 1908 was partly allowed, granting conditional leave to defend the Suit. 4. Heard. Record perused. 5. Learned counsel for the petitioner submits that the respondent has 6. The relevant portion of the impugned order dated 20th March, 2026 reads as under: “ORDER 41. The application under Order XXXVII Rule 3(5) CPC is allowed in part. The defendant