Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR NO.: DLND01-006971-2026
10 CS 312/26
SH PARMOD KUMAR GAHLAWAT Vs. SH NITIN KUMAR
02.09.2026
Present: Ms. Koyali Agarwal, Ld. Counsel for plaintiff.
None for defendants.
Summons sent through ordinary mode to defendant
no.1 (Nitin Kumar) at his Delhi address received back with the
report ‘no such person’ whereas, at Bijnor address, no report has
been received. Further, summons sent through speed post has
been delivered on 09.07.2026 at the Delhi address and on
16.07.2026 at the Bijnor address. Tracking report alongwith
supporting affidavit is also filed in this regard by the plaintiff.
Summons sent through ordinary mode to defendant
no.2 (Ricky) at his Delhi address received back with the report
‘left 2-3 years back’ whereas, at the Bijnor address, no report has
been received. Further, summons sent through speed post
received with its registered cover with report ‘no such person’ at
Delhi address and no report has been received at Bijnor address.
Summons sent through ordinary mode as well as
through speed post to defendant no.3 (Abhishek Kumar) at his
Delhi address and Bijnor address, received back with the report
‘incomplete address’.
Ld. Counsel for plaintiff has annexed screenshots of
whatsapp via which service upon Defendant No.2 & Defendant
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No.3 is stated to have been duly effected. An affidavit in support
of the service through whatsapp has been filed by the plaintiff.
This court is satisfied that the defendants have been
duly and validly served with the summons of the present suit at
their recorded address. Service is, accordingly, held to be
complete in terms of Order XXXVII Rule 2(3) CPC read with
Order V CPC.
Despite service, the defendants did not enter
appearance, either in person or through any pleader, within the
period of ten days as prescribed under Order XXXVII Rule 3(2)
CPC, nor at any time thereafter. The statutory period of ten days
from the date of service has expired, and till date, the defendants
have neither entered appearance, nor moved any application for
leave to defend under Order XXXVII Rule 3(5) CPC.
Learned counsel for the plaintiff, accordingly,
prayed that, in view of the defendant’s failure to enter appearance
within the prescribed period, the allegations contained in the
plaint stood deemed to be admitted under Order XXXVII Rule
3(3) CPC, and the plaintiff had become entitled to a decree in
terms of the said provision.
Submissions of the learned counsel heard.
Accordingly, to come up for considering the
application filed on behalf of plaintiff under Order 37 Rule 2(3)
r/w Section 151 CPC for passing of judgment and decree, on
03.12.2026.
(Sakshi Sejwal)
District Judge -05, NDD,
PHC/ND/02.09.2026
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