Full Order Text
Order 19 · 28 Feb 2026 · CNR DLCT010170552023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: Misc DJ 770/23 RAJINDER ARORA Vs. NAJIBULLA KHAN 28.02.2026 Present:- None for applicant/defendant. Sh. Virender Singh, Ld. Counsel for Non-applicant/plaintiff. Non-applicant/plaintiff in person. Today, the matter is listed for clarifications, if any/orders on an application of the applicant/defendant under Section 5 of Limitation Act read with Section 151 CPC seeking condonation of delay in filing the application under Order 9 Rule 13 read with Section 151 CPC (whereby the applicant is seeking setting aside the judgment and decree dated 18.01.2018 passed in CS DJ No. 1085/2017). Perusal of record reveals that the said judgment and decree dated 18.01.2018 was passed in a Summary Suit instituted under Order 37 CPC. And, Order 9 Rule 13 CPC is not applicable for setting aside of judgment and decree passed in a Summary Suit. Rather, in such circumstances, provisions under Order 37 Rule 4 CPC are to be invoked. Accordingly, a clarification was sought by the Ld. Counsel for the non-applicant/plaintiff. Ld. Counsel for the non-applicant/plaintiff submits tha the has no objection if the present application under Order 9 Rule 13 read with Section 151 CPC (filed alongwith application under Section 5 of Limitation Act read with Section 151 CPC) of applicant/defendant may be considered as one filed under Order 37 Rule 4 CPC. Ld. Counsel further submits that his earlier submissions may be considered for disposal of the present case, as in any case the present case is liable to be dismissed on merit as there is no ground disclosed in the application for allowing the same in terms of Order 37 Rule 4 CPC. Awaiting the appearance for Ld. Counsel for the applicant. (Abhishek Srivastava) District Judge-05, Central, THC, Delhi 28.02.2026(sr) At 4:00 p.m. Present: None. Since morning, no one is appearing for the applicant/defendant. Put up for clarifications, in above terms from the applicant/defendant on 16.03.2026. (Abhishek Srivastava) District Judge-05, Central, THC, Delhi 28.02.2026(sr) -- 1 of 1 --