Pandit D K Parsai & Anr. v. Dr. Satish Chandar Agarwal & Ors.
Case brief
What is this about?
Delhi HC, CM(M) 738/2026, Pandit D K Parsai & Anr. v. Dr. Satish Chandar Agarwal & Ors., Rajneesh Kumar Gupta, J., disposed 07.04.2026. Petitioners pressed only Prayer (iv): modify Trial Court order dt. 23.02.2026 in Misc DJ 1334 of 2025 so the Order IX Rule 9 CPC application proceeds against already-appeared/served defendants without fresh service on ex-parte respondents from CS (Comm) 639 of 2019. Court held no such prayer was made below; disposed petition with liberty to seek the relief by fresh application before the Trial Court, to be decided per law. Exemption application CM APPL. 22273/2026 allowed. Keywords: Order IX Rule 9 CPC, ex-parte, fresh/repetitive service, Misc DJ 1334/2025, CS (Comm) 639/2019, liberty, disposal.
What did the court decide?
Liberty to the petitioner to move an appropriate application before the learned Trial Court seeking exemption from fresh/repetitive service upon ex-parte respondents; no modification of the impugned order dated 23.02.2026 was effected by this Court. Pending application(s), if any, disposed of.