“10. The foremost question is whether the applicant/defendant has been able to lay down cogent grounds for setting aside the judgment and decree dt. 22.12.2015 and for condonation of delay in putting in appearance. According to him, he had received the summons of the suit on 06.11.2015, and thereafter, he went to Phagwada (Punjab) to attend the last rites of his relative who had expired there. He further submitted that he became ill at that place and could not return to Delhi and file appearance. It is to be appreciated that the applicant/defendant has not mentioned the name or the nature of relation of the said relative who expired nor has mentioned any date when he had died. He has also failed to mention any date as to when he left for Phagwada from Delhi or the date when the last rites of the said relative were performed. The applicant has further failed to mention any date when he fell ill, nature of his illness or the date when he became well and returned to Delhi. Apart from that, no supporting documents have been placed on record to substantiate his plea as aforesaid, such as any receipt of the cremation ground, journey tickets from Delhi to Phagwada or back, any medical prescription etc. Hence, the pleas taken by the applicant/defendant are vague and cannot be accepted even on the face of it.
