Narender Kumar Goel & Anr v. Jai Prakash Goel

Delhi High Court · 20 Nov 2013 · 2013:DHC:7284-DB
Badar Durrez Ahmed; Vibhu Bakhru
FAO(OS) 468/2013
2013:DHC:7284-DB
civil appeal_allowed

AI Summary

The Delhi High Court set aside an order condoning delay in filing an application under Order IX Rule 13 CPC for lack of hearing to the opposing party and remanded the matter for fresh consideration.

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$-46 HIGH COURT OF DELHI
FAO(OS) 468/2013
NARENDER KUMAR GOEL & ANR ..... Appellants
Through: Mr Gurinder Pal Singh, Mr Gaurav Barathi and Mr Garud M.V, Advocates
VERSUS
JAI PRAKASH GOEL ..... Respondent
Through: appearance not given
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE VIBHU BAKHRU
/o 20.11.2013 CM No. 16492/2013 After hearing the learned counsel for the parties, the delay is condoned.
The application stands disposed o£ CM No. 16493/2013
The exemption is allowed subject to all just exceptions.
FAO(OS) 468/2013
This appeal is directed against the order dated 22.07.2013 passed by a learned Single Judge of this court in I.A No. 11248/2013, whereby the delay in filing the application under Order IX Rule 13
CPC on the part ofthe respondent has been condoned. The only point urged before us by the learned counsel for the appellant was that the
2013:DHC:7284-DB... 't
• delay was condoned without hearing the appellants I plaintiffs. We agree with the submission made by the learned counsel for the appellants and, accordingly, set aside the order dated 22.07.2013 passed in I.A No. 11248/2013 and remit the matter to the learned
Single Judge for a decision on the said application after hearing the appellants.
In the first instance, the said application be listed before the learned Single Judge on 22.11.2013.
The appeal stands disposed of.
NOVEMBER 20, 2013 su ~· BADAR DURREZ AHMED, J
VIBHU BAKHRU, J 2013:DHC:7284-DB
JUDGMENT