$~19

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision: 15.12.2025 + FAO 317/2023, CM APPL. 63178/2023, CM APPL. 68881/2025 &

CM APPL. 68880/2025

JAGDEV YADAV .....Appellant

Through: Mr. Sanjay Kumar, Mr. Manoj Kumar

Verma and Mr. Yudhister Sharma,

Advocates.

versus

LOKESH GUPTA & ORS. .....Respondents

Through: Ms. Neeraj Rathee and Mr. Rajeev

Saini, Advocates.

CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

JUDGMENT (ORAL)

CHANDRASEKHARAN SUDHA, J.

1. This is an appeal under Order XLIII Rule 1 and Section

104 of the Code of Civil Procedure, 1908, filed by the defendant no. 4 in Misc. Application No. 850/2022 on the file of ADJ-03, Rohini Courts, North District, Delhi, aggrieved by the order dated 23.01.2023 by which his application for setting aside the ex parte

order dated 12.07.2022 was dismissed.

2. According to the appellant/defendant no. 4, he never received summons in the case, and therefore, he was unaware of the proceedings that had been initiated by respondent no. 1/plaintiff. It was also alleged that the other respondents, namely defendant no. 1 and 2, who are his parents and his brother, defendant no.3, were conniving against him as a result of which, they also did not inform