The Delhi High Court has set aside an ex-parte judgment and decree against Nirmaljeet Singh after finding that disputed WhatsApp communication could not, by itself, conclusively establish that summons had actually reached him.
Justice Manoj Kumar Ohri allowed the appeal and restored the appellant's opportunity to contest the civil suit.
Background Of The Case
The dispute arose from Civil Suit No.620/2020 concerning property at 17/6, West Patel Nagar, New Delhi. Guljeet Singh had sought damages and permanent and mandatory injunctions, alleging unauthorized construction on the first floor, installation of pipes and resulting seepage affecting the ground-floor premises. Allegations concerning parking obstruction were also raised.
Nirmaljeet Singh did not appear before the Trial Court and was proceeded against ex-parte on June 8, 2022. The suit was subsequently decreed on November 3, 2023, with damages of Rs.10 lakh along with injunctive reliefs.
He later moved an application under Order IX Rule 13 of the Code of Civil Procedure, 1908, stating that he had never received the summons and learned about the decree only in July 2025.
Court's Observation On WhatsApp Service
The Trial Court had rejected his application, holding that it was filed beyond the 30-day limitation period and relying, among other things, on the process server's report concerning WhatsApp service.
The High Court, however, found a significant difficulty with that conclusion. The process server's report showed that the call was answered by Amarjeet Singh, who described himself as the appellant's relative and said he would inform him about the summons.
The Court observed:
“The mere fact that a particular mobile number was associated with the appellant cannot, in the facts of the present case, by itself establish that the summons were duly served upon him.”
The Court further noted that transmission of a message and proof that it was actually received by the concerned defendant are two different things.
Decision
The High Court held that the circumstances surrounding the alleged electronic service created sufficient doubt and warranted giving Nirmaljeet Singh an opportunity to contest the suit.
Accordingly, the Court allowed the appeal, set aside the May 26, 2026 order and allowed the application under Order IX Rule 13 CPC. The ex-parte judgment and decree dated November 3, 2023 were set aside qua the appellant.
The Court also directed him to pay Rs.20,000 as costs to respondent No.1 within four weeks. The consequential direction concerning release of Rs.2 lakh with accrued interest was also set aside qua the appellant.
Case Details
Case Title: Nirmaljeet Singh v. Guljeet Singh & Ors.
Case Number: FAO 268/2026
Judge: Justice Manoj Kumar Ohri
Decision Date: August 24, 2026
