$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 37/2023, CM APPL. 8295/2023 VIMLESH GUPTA .....Appellant Through: Mr. Faiz Imam, Advocate.

Versus KULDEEP SINGH .....Respondent Through: None.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 20.01.2026

1. Learned counsel for the Respondent had been appearing regularly since 18.09.2023, but none had appeared on the last date of hearing as well as today; he is proceeded ex-parte.

2. Second Appeal under Section 100 read with Order XLII of the Code of Civil Procedure, 1908 („C.P.C.‟) has been filed on behalf of the Appellant for setting aside impugned Judgment dated 19.12.2022 passed by learned ADJ-01, New Delhi whereby the dismissal of leave to defend Application as filed beyond the specified time, by the Ld. Senior Civil Judge, was set aside and the case was remanded to consider the Leave to defend Application on merits.

3. Brief facts are that CS SCJ 688/19 under Order XXXVII Rule 3(5) C.P.C. was filed by the Plaintiff / Appellant against Respondent / Defendant for recovery of Rs.1,80,000/-.

4. Learned Senior Civil Judge vide Judgment dated 21.08.2021, dismissed the Application for Leave to Defend filed by the Respondent / Def