Delhi High Court
Pinky Kaur & Ors. vs Mohit Shukla on 1 July, 2024
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 01st July, 2024
+ CM(M) 2114/2024
PINKY KAUR & ORS. ..... Petitioners
Through Mr. Sahil Sharma with Ms. Grisha
Sharma, Advocates.
versus
MOHIT SHUKLA ..... Respondent
Through Mr. Kuljeet Singh Sachdeva with
Mr.Rakesh Kumar, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
CM APPL. 35615/2024 (exemption)
Exemption allowed subject to all just exceptions.
CM APPL. 35613/2024 (for preponement), CM APPL. 35614/2024
(for stay) & CM(M) 2114/2024
1. Petitioners herein are defendants before the learned Trial Court
and by virtue of present petition moved under Article 227 of the
Constitution of India, they have, primarily, sought quashing of order
dated 08.02.2024 whereby their application moved under Order IX
Rule 7 CPC for setting aside the ex-parte order has been dismissed for
non-appearance and for non-prosecution.
2. During course of the arguments, learned counsel for the
petitioners has, very fairly, admitted that by invoking the relevant
provisions prescribed under Order IX CPC read with Section 141
CPC, the petitioners (the defendants in the original suit) could have
also moved an application before the Ld. Trial Court seeking recall of
said order but the same was not contemplated.
3. During course of the arguments, learned counsel for the
petitioners stated that he would not press the present petition if this
Court permits him one opportunity to move such application before
the Ld. Trial Court.
4. It is submitted by learned counsel for the petitioners that there
is no intention, whatsoever, to delay the matter and if permitted, he
would file the application within the time to be stipulated by this
Court.
5. Though, the petitioners should have been diligent in the first
instance and should have, without seeking any permission from this
Court, had moved appropriate application, keeping in mind the overall
facts and circumstances of the case and with the consent of both the
sides, the present petition is disposed of with the following
directions:-
(i) Petitioners, i.e., the defendants in CS SCJ 443/2022 titled
Mohit Shukla Vs. Pinki Kaur are permitted to file appropriate
application seeking recall of order dated 08.02.2024.
(ii) Such application be moved within three days from today, i.e.,
on or before 04.07.2024, with advance copy to learned counsel for
the opposite side.
(iii) Learned Trial Court would make best endeavour to expedite
disposal of such application in accordance with law.
(iv) Needless to say, in case such application does not find favour
with the learned Trial Court, it would be at liberty to hear final
arguments and to pronounce judgment.
6. Petition stands disposed of in the aforesaid terms.
7. Before parting, it is clarified that this Court has not made any
observation regarding the merits of the case and, therefore, the learned
Trial Court would not get swayed by the observations made in the
present order.
8. The next date of 16.08.2024 stands cancelled.
9. Order Dasti under the signatures of the Court Master.
(MANOJ JAIN)
JUDGE
JULY 01, 2024
st
