$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2714/1997 SMT.GURPREET KAUL .....Plaintiff Through: Mr. Sanjiv Bahl, Mr. Eklavya Bahl, Ms. Apoorva Bahl and Mr. Pawar Agarwal, Advs. versus SMT.PHOOL MADAN .....Defendant Through: Mr. Karan Singh, Advs. (through VC) CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 27.08.2024 I.A. 16493/2023 (under Order IX Rule 13 read with Section 151 to set aside the ex parte decree dated 07.02.2007 filed by defendant) I.A. 16494/2023 (filed by defendant under Section 5 of the Indian Limitation Act for condonation of delay) 1. The learned counsel appearing on behalf of the defendant / applicant prays for an adjournment on the ground that the arguing counsel is not available. 2. However, the learned counsel for the plaintiff submits that the digital record which have been obtained by the plaintiff does not contain the record showing that the defendant was served in the suit before he was proceeded ex parte. He urges the Court that the records may be called from the Registry. 3. He submits that the record of the EX.P. 291/2007 be also summoned This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/08/2024 at 12:54:07 which will indicate the position of service on the defendant / judgment debtors in execution as well. 4. According to the learned counsel, the service record is relevant for the purpose of deciding the present application filed by the defendant under Order IX Rule 13 CPC. 5. In view of the above, the Registry is directed to place on file the record of service of the defendant, as well as, judgment debtor, both in the present suit, as well as, in EX.P. 291/2007. 6. Re-notify on 22.11.2024. VIKAS MAHAJAN, J AUGUST 27, 2024 N.S. ASWAL This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/08/2024 at 12:54:07