Final Order 13

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 423/23
JAGDISH KUMAR Vs. M/S ASHISH GOODS CARRIERS
05.04.2025
Present: Sh. Shubham Garg alongwith Ms. Shweta, Ld. Counsels
for applicant/plaintiff (in CS DJ 6407/2018).
Put up for orders at 4:00 PM.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
05.04.2025
At 4:00 PM
Present: None.
1. This case has originated from an application filed by the applicant/ plaintiff
(henceforth ‘applicant’) under Order IX Rule 4 read with Section 151 of CPC,
1908, on 01.07.2023. By way of the said application, the applicant has sought
restoration of CS DJ No. 6407/18, ‘Jagdish Kumar V/s Ashish Goods Carriers’
(henceforth, ‘CS DJ No. 6407/18), which was dismissed by this Court vide order
dated 15.05.2023.
2. Notice of the application was issued to the non-applicant/ defendant which was
declared to be served on the non-applicant/defendant vide order dated
03.08.2024. Non-applicant/ defendant, however, has failed to appear.
3. It was submitted by the Ld. Counsel for the applicant/ plaintiff that earlier when
the matter was listed on 17.02.2023, he duly appeared in the court and noted the
next date of hearing as 18.05.2023. On 18.05.2023, when he appeared in this
Court, it came to his knowledge that the Suit was dismissed in default on
15.05.2023. Soon thereafter he inspected the file and filed the present application
under Order IX Rule 4 read with Section 151 of CPC, 1908 CPC. Ld. Counsel for
applicant/ plaintiff, in support of his submissions filed a photocopy of his diary of
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following dates i.e. 17.02.2023, 15.05.2023 and 18.05.2023. He also filed the
front cover of the concerned file.
4. Heard. Record perused.
5. After considering the submissions made by Ld. Counsel for the applicant/
plaintiff and perusing the record of the Court file, this Court finds that the
application is liable to be allowed (a) because the reasons assigned for the non
appearance of Ld. Counsel for applicant when the matter was dismissed in
default for non-appearance, as noted above, in the considered opinion of this
court, constitute sufficient cause for non appearance when the Suit was called for
the hearing, (b) because the applicant was diligent in filing the present
application as the CS DJ No. 6407/18 was dismissed on 15.05.2023 and the
present application was filed on 01.07.2023 (soon after re-opening of the Court
after summer vacation) and (c) because the cause of substantial justice should not
be allowed to be defeated on technicalities.
6. For aforesaid reasons, the Suit of the applicant/ plaintiff CS DJ No. 6407/18 titled
as ‘Jagdish Kumar V/s Ashish Goods Carriers’ is restored to its original number.
The applicant/ plaintiff, however, for causing delay is burdened with a cost of Rs.
2000/- to be deposited with the DLSA (Central), Delhi. It is made clear that
restoration is subject to deposition of cost.
7. The aforesaid application of the applicant/ plaintiff under Order IX Rule 4 read
with Section 151 of CPC, 1908 (filed on 01.07.2023) is disposed of.
8. The Ahlmad is directed to place a copy of this order in the File of CS DJ
No. 6407/18. Misc. file be tagged with the main file.
9. File of CS DJ No. 6407/18 will be taken up for further proceedings, on
14.05.2025.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
05.04.2025(kd)
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