$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 284/2019 & CM APPL. 31968/2019, CM APPL. 34148/2019 CM APPL. 6136/2023, CM APPL. 6137/2023 M/S ORISSA TRANSPORT SERVICES PVT LTD.....Appellant Through: Mr. Praveen Suri versus M/S I B P COMPANY LIMITED .....Respondent Through: Ms. Paramjit Beniwal and Mr.

Shaurya Dahiya, Advocates CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 19.01.2026

1. By way of present appeal, the appellant seeks to assail the order dated 13.03.2019, whereby the appellant‟s application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (hereinafter “CPC”) came to be dismissed.

2. Learned counsel for the appellant submits that the appellant was regularly appearing before the Trial Court and that the case was at the stage of the recording of additional evidence on behalf of the plaintiff. The matter was listed for consideration of an application seeking summoning additional evidence. He submits, while referring to the order sheets placed on record, that the appellant had not appeared only on one day, after which he was proceeded ex parte. He submits that thereafter, the suit came to be decreed on 03.07.2014. The appellant became aware of the ex p