Mukesh Kumar v. Maan Singh
Case brief
What is this about?
This appeal challenged the refusal to condone a 60-day delay in filing an appearance under Order XXXVII CPC. The High Court allowed the appeal, setting aside the trial court's decree and remanding the matter to be filed with costs.
What did the court decide?
Impugned order dated 8.9.2017 set aside; suit decree rescinded subject to payment of Rs. 15,000 costs to the plaintiff; matter remanded to District Judge for disposal.
What the court decided
*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
+ RFA No.1019/2017 and C.M. No.4954/2018 (stay)
% 8th February, 2018 MUKESH KUMAR ..... Appellant Through: Mr. M.K. Singh, Advocate.
versus
MAAN SINGH ..... Respondent
CORAM:
HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
- Respondent is served. No one is present for the respondent in spite of the matter having been called out for the second time.
- This Regular First Appeal under Section 96 of the Code
of Civil Procedure, 1908 (CPC) impugns the judgment of the Trial Court dated 8.9.2017 by which trial court has refused to condone the delay in filing of the appearance under Order XXXVII CPC and has decreed the suit. The delay in filing the appearance is of approximately 60 days.
Issues for consideration
1 issue framed by the court
Whether the trial court erred in refusing to condone the delay of 60 days in filing appearance under Order XXXVII CPC.
Parties & counsel
- appellant
MUKESH KUMAR
- respondent
MAAN SINGH
Coram
VALMIKI J.MEHTA
Case details
As recorded by the court registry
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