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Bhagwan Das Ramesh Chand Jain vs Sumit Vats

Delhi High Court · Decided on 7 May 2026 · Citation: (2026) 05 DEL CK 0099

HON’BLE JUDGES
Rajneesh Kumar Gupta, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227 · Code of Civil Procedure, 1908 — Section 151, Order 37 Rule 3(5)
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Petition No.1046 Of 2026 & Civil Miscellaneous Application No. 30587 Of 2026
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Judgment

18 paragraphs · 409 words

Rajneesh Kumar Gupta, J.

1.

This hearing has been conducted through hybrid mode.

CM APPL. 30588/2026 (for exemption)

2.

Allowed, subject to all just exceptions. The application stands disposed of.

CM(M) 1046/2026

3.

The present petition has been filed under Article 227 of the Constitution of India, assailing the order dated 20th March, 2026 passed by the learned Trial Court in CS DJ ADJ No. 928/2023, whereby the application filed on behalf of the petitioner under Order XXXVII Rule 3(5) read with Section 151 of the Code of Civil Procedure, 1908 was partly allowed, granting conditional leave to defend the Suit.

4.

Heard. Record perused.

5.

Learned counsel for the petitioner submits that the respondent has already been served through counsel. However, none has appeared on behalf of the respondent today.

6.

The relevant portion of the impugned order dated 20th March, 2026 reads as under:

"ORDER

41.

The application under Order XXXVII Rule 3(5) CPC is allowed in part. The defendant is granted conditional leave to defend the suit, subject to the following:

a. The defendant shall deposit in this Court a sum of Rs. 4,50,000/- (Rupees Four Lakhs Fifty Thousand only), being 50% of the principal claim, within a period of six weeks from today in the name of the Court i.e. District Judge - 04, South West District.

b. Upon such deposit being made within the stipulated time, the defendant shall be entitled to contest the suit on merits. The amount deposited shall be invested in an interest-bearing fixed deposit with a nationalised bank, initially for one year, to be renewed periodically, subject to further orders of the Court.

c. In the event of failure to deposit the aforesaid amount within the time granted, the leave to defend shall stand vacated without further reference to the Court and the plaintiff shall be entitled to apply for judgment forthwith under Order XXXVII CPC."

7.

After some arguments, learned counsel for the petitioner seeks to

withdraw the present petition and submits that two weeks' time be granted to the petitioner to comply with the direction contained in paragraph 41 (a) of the impugned order dated 20th March, 2026.

8.

Keeping in view the submissions made by the learned counsel for the petitioner, the present petition is disposed of as withdrawn. However, the time granted by the learned Trial Court for depositing the amount is extended till 16th May, 2026.

9.

Pending application(s), if any, also stand disposed of.