SANJAY GARG vs SANJAY KUMAR ALIAS SANJAY MITTAL ALIAS SANJAY

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 19thFebruary, 2026 Pronounced on: 12thMay, 2026 + RFA 1093/2025, CM APPL.75612/2025, 75853/2025 & 11472/2026 SANJAY GARG S/o Sh. Bashesar Dayal, R/o H.No. D-4/47, Sector 15, Rohini, New Delhi. .....Appellant Through: Mr.Sanjay Kumar Mishra, Advocate. versus SANJAY KUMAR ALIAS SANJAY MITTAL ALIAS SANJAY S/o Sh. Tekchand, R/o B-52, Overseas Apartment, Sector 09, Rohini, New Delhi. ....Respondent Through: Appearance not given. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. CM APPL. 11472/2026 (Condonation of Delay) 1. The present Application has been filed by the Appellant seeking Condonation of Delay of 241 days, in filing the present Appeal. 2. For the reasons mentioned in the Application the same is allowed. The delay of 241 days in filing the present Appeal is Condoned. 3. The Application stands disposed of in the aforesaid terms. RFA1093/2025 4. Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 has been preferred on behalf of the Signature Not Verified RFA 1093/2025 Page1of10 Digitally Signed By:ANIL KUMAR BHATT Signing Date:12.05.2026 16:22:15 Appellant/Defendant, Sh. Sanjay Garg assailing the ex-parteJudgment and Decree dated 29.08.2024 whereby the Suit of the Plaintiff/Respondent for recovery of Rs.21,50,000/- along with interest @ 6% per annum from the date of institution of the Suit till realization, along with costs, was decreed under Order XXXVII Rule 2(3) CPC, on account of failure of the Defendant/Appellant to enter appearance within the prescribed period. 5. The Appellant has further assailed the Judgment dated 17.10.2025 passed in MISC DJ No. 69/2025, whereby the Application under Order XXXVII Rule 4 CPC seek