$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 727/2026, CM APPL. 48245/2026 CM APPL. 48247/2026,CM APPL. 48248/2026 SMT DARSHAN ARNEJA & ORS. .....Appellant Through: Mr. Shiv Charan Garg, Mr. Imran Khan and Ms. Jahanvi Garg, Advocates. versus THE STATE & ORS. .....Respondent Through: Mr. Naresh K. Daksh, Advocate for R-2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 28.07.2026 RFA 727/2026 1. Regular First Appeal under Section 96 CPC has been filed against the Judgment and Decree dated 16.12.2024, whereby the Petition of the Plaintiff/Appellant was Dismissed in Default. 2. The Appellant has already filed a FAO No.168/2026 which is pending before this Court, wherein the Application under Order IX Rule 9 CPC that was filed for setting aside the Order under Order IX Rule 9 CPC has been dismissed on 22.01.2026. 3. The appropriate remedy against the Order has already been availed by the Appellant by filing an Application under Order IX Rule 9 CPC and by filing a FAO to challenge the Order by way of Application under Order IX Rule 9 CPC has not been allowed. The Order dated 16.12.2024 whereby the 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 30/07/2026 at 15:05:10 Suit of the Plaintiff was Dismissed in Default was neither a Decree nor a Judgment against which a Regular First Appeal is maintainable. Consequently, the Appeal is hereby dismissed as not maintainable. 4. The Appellant is at liberty to pursue his own remedy in accordance with law. 5. The pending Applications also stand disposed of. NEENA BANSAL KRISHNA, J JULY 28, 2026/va 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 30/07/2026 at 15:05:10