Full Order Text
Interim Order 15 · 26 Sept 2026 · CNR DLNW030005142024
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 1 29 CS SCJ 349/24 Anita Chawla W/O LT. SH. MANOJ CHAWLA Vs. Krishna W/O LT. LEKH RAJ 26.09.2026 Present: Sh. Mithilesh Kumar, Ld. Counsel for plaintiff. Ld. Counsel for defendant no. 2 through VC. ORDER 1. Vide this order, I shall decide the application under order 9 rule 7 CPC filed on behalf of defendant no. 2. 2. It is argued on behalf of the applicant that the summons issued to defendant no. 2 were initially served at the grand office of “Future Generali India Insurance Company Limited”(a general insurance company), however, upon inspection it was found that the matter pertains to life insurance company. It is stated that the matter was then assigned to the life insurance company and it was found that claim had already been disbursed to the registered nominee namely Mrs. Krishna Chawla strictly in accordance with the terms and conditions of insurance policy. It is stated that due to the procedure being adopted, the WS could not be filed in time and defendant no. 2 was proceeded ex parte vide order dated 23.11.2024. It is stated that the non appearance of the defendant no. 2 was neither deliberate nor intentional. Hence, it is prayed that the said order dated 23.11.2024 be set aside and the WS of defendant be taken on record. -- 1 of 2 -- 2 3. Per contra, Ld. Counsel for plaintiff has opposed this application stating that the defendant no. 2 is deliberately delaying the proceedings. It is argued that summons were duly served upon the applicant, however, they chose not to appear. Hence, it is prayed that the application be dismissed. 4. Heard. Record perused. 5. The applicant claims the delay to have occurred due to procedure being adopted by the insurance company. In view of the reason mentioned and in order to adjudicate the dispute on merits, the application is allowed. The order declaring defendant no. 2 Ex-parte is set aside and WS of defendant no. 2 is taken on record subject to cost of Rs. 5000/- to be paid to the plaintiff. 6. Application is disposed off accordingly. Let replication if any be filed with advance copy to the opposite party. Be put up for completion of pleadings for 10.12.2026. (Vaibhav Kumar) Civil Judge/N-W District 26.09.2026 -- 2 of 2 --