MOHIT GUPTA Vs. DESH PAL GUPTA & OTHERS

JUDGEMENT

(1.) I.A No. 7884/2018 (U/o 9 Rule 13 CPC filed by LR of D-2), I.A. 7885/2018 (delay of 547 days) & I.A 7886/2018 (delay in refiling)

(2.) The judgment passed by a learned Single Judge of this Court on 5.10.2016 notes that from 31.8.2016 no one appeared for the defendants. Defendant nos. 2 and 3 had filed their separate written statements. Issues were framed in the suit on 10.3.2010 whereafter plaintiff led evidence and plaintiff's witness was being cross examined and at which stage the defendants stopped appearing. The non-appearance of the defendants, especially the defendant no.2 through whom the applicant claims, is since 31.8.2016 and thereafter on 16.9.2016 and till 5.10.2016 when the judgment was passed passing a preliminary decree declaring the plaintiff, LRs of defendant no.1, defendant no.2 and defendant no.3 to each have 1/4th share in the property bearing no.33, North-West Avenue Road, West Punjabi Bagh, Delhi-110026.

(3.) By this application the LRs of defendant no.2 states that his mother and wife of deceased defendant no.2 expired on 1.5.2015 and whereafter the defendant no.2 went into depression. It is argued that on account of defendant no.2 going into depression he did not appear in the suit or give instructions in the suit, and that the knowledge of the suit came to the notice of the applicant/LR of defendant no.2 only when notices were received in the execution proceedings.