Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 15 CS DJ 251/25 Arun Kumar Gupta Vs. Shamsher Khan
05.06.2026
Present: Sh. Sarvjeet Kumar Thakur, Ld. Counsel for plaintiff
(through VC).
Sh. Gagan Wadhwa, Ld. Counsel for defendant
(through VC)
1. As per the order dt. 23.05.2026 it was recorded that on
07.04.2026, the defendant was served personally on the address
O-90 Kishan Vihar, Delhi-110086.
2. It is submitted by the Ld. Counsel for the defendant that the
signature on the report of the process server does not belong to
the defendant and it is forged and fabricated and he wishes to
move an appropriate application for forgery.
3. Further, he has filed an application u/o 37 Rule 3 (5) CPC
seeking leave to defend on behalf of defendant.
4. Per contra, Ld. Counsel for plaintiff submits that the plea taken
by the defendant is completely misconceived as the report of
the process server is explicitly clear that the summons were
served upon defendant/Shamsher Khan and the present
application u/o 37 Rule 3 (5) CPC is filed belatedly beyond
period prescribed.
5. Heard. Considered I am of the view that the summons were
served on the defendant/Shamsher Khan on 07.04.2026.
6. IN view of that issue court notice to Process Server/Rajesh
Solanki for NDOH.
7. Additional copy of leave to defend is placed on record by the
Ld. Counsel for defendant which can be retrieved by the Ld.
Counsel for plaintiff as per his convenience.
8. Parties are directed to appear physically on NDOH.
9. Now to come up on 25.08.2026
10. Date is given as per convenance of the Ld. Counsels.
(Akbar Siddique)
DJ-04, North, Rohini Courts,
Delhi/05.06.2026
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