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2022 Supreme(Del) 1965

V. KAMESWAR RAO
Suresh Yadav – Appellant
Versus
Jugal Uppal – Respondent


Advocates appeared:
Mukul Gupta, Sr. Adv. with Mukesh Gupta & Tarkeshwar Nath, Advs., for the Appellant.
K.K. Sharma, Sr. Adv. with S.S. Wadhwa & Rajesh Kumar, Advs. for R-1 & 2.

JUDGMENT

V. Kameswar Rao, J.

CM No. 12898/2021

For the reasons stated in the application, the same is allowed, subject to just exceptions.

The application stands disposed of.

RFA 289/2020, CM No. 31214/2020 (for delay)

1. The appeal is filed against the original ex-parte judgment / decree dated December 22, 2017 of the learned Additional District Judge (`ADJ', for short), Saket Courts, New Delhi, as well as order dated February 10, 2020 in M.No.98/2018, whereby the application of the appellant under Order IX Rule 13 read with Section 151 of CPC was dismissed by the Trial Court. The appeal is accompanied by an application seeking condonation of 933 days' delay with regard to filing of the appeal against the original judgment/decree. Since the facts and the submissions made by the counsels for seeking condonation of delay, on the impugned Judgment/Decree and on the order rejecting the application under Order IX Rule 13 of CPC being identical/similar, I intend to decide both of them together.

2. This appeal has been filed with the following prayers: -

    "Therefore, this Hon'ble Court may graciously be pleased to: -

    (i) Quash and set aside the order dated 10.02.2020 passed by the Ld.ADJ-02, S

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