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Misc DJ - MISC. CASES DJ and ADJ

RAJ KUMAR @ RAJUVsSHIMLA AND ORS +3 more

CNR DLCT010148102023329-DISTRICT JUDGE - 05
Tis Hazari, District Sessions Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--RESTORATION
Decision Date: 21st August 2026

TrustJury record updated 14 Oct 2026

Case Overview

Registration Number
667/2023
Registration Date
18 Oct 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Petitioner

    1. 1RAJ KUMAR @ RAJU

    Respondent

    1. 1SHIMLA AND ORS
    2. 2MAHINDER KUMAR
    3. 3YASODA RANI
    4. 4SMT UMA RANI

    Acts & Sections

    1
    Civil Procedure Code · Sec 151

    Case History / Proceedings

    Case History
    Date: 18-10-2023
Business: Fresh application received by way of assignment. It be checked and registered. Put up for consideration.
Next Purpose: Misc. cases/purpose
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: At request, put up for consideration.
Next Purpose: Misc. cases/purpose
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: FP
Next Purpose: Misc. Arguments
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: Ld. Counsel for applicant/plaintiff has filed an application U/o 6 Rule 17 r/w Section 151 CPC alongwith the amended application U/s 151 CPC to recall/set-aside the order dated 05.09.2022. Same is taken on record. In view of the submissions made in the application, the application U/o 6 Rule 17 r/w Section 151 CPC filed today is allowed. Issue notice of the application U/s 151 CPC to recall/set-aside the order dated 05.09.2022 filed today by the plaintiff to non-applicant/defendants on filing of PF and RC within a week from today alongwith copy of application and documents, if any. Put up for further proceedings.
Next Purpose: Misc. cases/purpose
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: Ld. PO has gone to attend training programme (Reflective Training of Newly Posted Officers) at Delhi Judicial Academy.
As per directions of Ld. Presiding officer, put up for purpose fixed on the next date of hearing.
Next Purpose: Misc. cases/purpose
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Put up for reply/arguments on the present application.
Next Purpose: Misc. Arguments
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: Reply has been filed on behalf of non-applicant to the application filed by the applicant. Put up for arguments.
Next Purpose: Misc. Arguments
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: Put up for reply/arguments.
Next Purpose: Misc. Arguments
Next Hearing Date: 28-02-2025

Date: 28-02-2025
Business: Let a fresh notice be issued to the non-applicant/defendant no.1 on filing of PF and RC alongwith copy of application and documents, if any within a week. At request, dasti service is allowed as per rules. Put up for arguments on the application.
Next Purpose: Misc. Arguments
Next Hearing Date: 16-05-2025

Date: 16-05-2025
Business: Put up for purpose fixed. Applicant/plaintiff is permitted to take fresh steps in terms of order dated 28.02.2025 within two weeks from today.
Next Purpose: Misc. Arguments
Next Hearing Date: 08-08-2025

Date: 08-08-2025
Business: Arguments are heard on behalf of non-applicants/defendants no. 2 to 4. Put up for arguments on behalf of plaintiff.
Next Purpose: Misc. Arguments
Next Hearing Date: 03-11-2025

Date: 03-11-2025
Business: Put up for purpose fixed.
Next Purpose: Misc. Arguments
Next Hearing Date: 06-01-2026

Date: 06-01-2026
Business: At joint request, put up for purpose fixed.
Next Purpose: Misc. Arguments
Next Hearing Date: 20-03-2026

Date: 20-03-2026
Business: Put up for purpose fixed.
Next Purpose: Misc. Arguments
Next Hearing Date: 29-05-2026

Date: 29-05-2026
Business: At request, put up for purpose fixed.
Next Purpose: Misc. Arguments
Next Hearing Date: 07-08-2026

Date: 07-08-2026
Business: At request, put up for arguments on pending application.
Next Purpose: Misc. Arguments
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: Arguments on application on behalf of the plaintiff under Section 151 CPC to recall/set aside the order dated 05.09.2022 and seeking restoration of the suit heard and same is allowed. Ahlmad is directed to restore the suit at its original number and position. The present application stands disposed off and be tagged with the main suit. Put up for further proceedings.
Nature Of Disposal: RESTORATION
Disposal Date: 21-08-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 9397/2023
Filing Date: 17-10-2023
First Hearing Date: 18th October 2023
Decision Date: 21st August 2026
Court Number And Judge: 329-DISTRICT JUDGE - 05

    Orders

    31
    Final Order 16Full order available
    21 Aug 2026

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: Misc DJ/667/2023 DLCT010148102023 RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS 21.08.2026 Present:- Mr. Jitender Kumar Garg and Mr. Parvesh Kumar Sirohi, Ld. Counsel for the plaintiff Sh. O.P. Aggarwal, Ld. counsel for defendant nos. 2 to 4 through VC. Arguments on amended application on behalf of the plaintiff under Section 151 CPC to recall/set aside the order dated 5.9.2022 and seeking restoration of the suit heard. 1. It is submitted that…

    Read Full Order
    Interim Order 15
    07 Aug 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ/667/2023
DLCT010148102023
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
07.08.2026
Present:- Mr. Jitender Kumar Garg, Ld. Counsel for applicant/plaintiff (on
VC)
None for defendant.
At request, put up for arguments on pending application on
21.8.2026.
(Virender Negi)
District Judge-05,
Central, THC, Delhi
07.08.2026
-- 1 of 1 --
    Interim Order 14
    29 May 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
29.05.2026
Present: Sh. Rishabh Tiwari, Ld. proxy counsel for applicant/plaintiff.
Sh. O.P. Aggarwal, Ld. counsel for defendant nos. 2 to 4
through VC.
At request, put up for purpose fixed on 07.08.2026.
(Virender Negi)
District Judge-05,
Central, THC, Delhi
29.05.2026(kd)
-- 1 of 1 --
    Interim Order 13
    20 Mar 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
20.03.2026
Present: Sh. Rishabh Tiwari, Ld. proxy counsel for Sh. Jitendra Kumar
Garg, Ld. counsel for applicant/plaintiff.
Sh. O.P. Aggrawl, Ld. counsel for non-applicants/defendant
nos. 2 to 4.
Once again an adjournment is sought on behalf of the
applicant/plaintiff, Ld. counsel submitting that the main counsel is not available
today. Last opportunity is granted to the applicant/plaintiff to advance
arguments.
Put up for purpose fixed on 29.05.2026.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
20.03.2026(kd)
-- 1 of 1 --
    Interim Order 12
    06 Jan 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
06.01.2026
Present: Sh. Rishabh Tiwari, Ld. Proxy Counsel for Sh. Jitender Kumar
Garg, Ld. Counsel for Applicant/ Plaintiff.
Non applicant no.3 in person.
At joint request, matter is adjourned for purpose fixed for
20.03.2026.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
06.01.2026
-- 1 of 1 --
    Interim Order 11
    03 Nov 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
03.11.2025
Present:- Sh. Madhur Tiwari, Ld. Proxy counsel for Sh. Jitender Kumar
Garg, Ld. Counsel for applicant/plaintiff.
None for non-applicants/defendants.
At the outset, a passover is sought on behalf of the applicant for
12:00 noon. Due to heavy cause list and since no one is appearing for the non-
applicants as well, request of the passover is declined.
Put up for purpose fixed for 06.01.2026
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
03.11.2025(kd)
-- 1 of 1 --
    Interim Order 10
    08 Aug 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
08.08.2025
Present:- Sh. Madhur Tiwari, Ld. Proxy counsel for Sh. Manish Awasthi, Ld.
Counsel for applicant/plaintiff.
None for non-applicant/defendant no. 1.
Sh. O.P. Aggarwal, Ld. Counsel for non-applicants/defendants no. 2
to 4.
As per report of Ahlmad, applicant/plaintiff has failed to take steps
in terms of order dated 28.02.2025.
Arguments are heard on behalf of non-applicants/defendants no. 2
to 4. Ld. Counsel submits that he has already filed reply to the present
miscellaneous application and the present miscellaneous application is liable to
be dismissed.
An adjournment is sought on behalf of the applicant/plaintiff stating
that main counsel is not available today. Strong objection has been raised by Ld.
Counsel for the non-applicants/defendants no. 2 to 4.
In the interest of justice, one opportunity is granted to the applicant/
plaintiff for arguments on the present miscellaneous application on 03.11.2025.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
08.08.2025(sr)
-- 1 of 1 --
    Interim Order 9
    16 May 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
16.05.2025
Present:- None for applicant/plaintiff.
None for non-applicant/defendant no. 1.
Ms. Kanchan, Ld. Proxy counsel for Sh. O.P. Aggarwal, Ld.
Counsel for non-applicant/defendants no. 2 to 4.
As per report of Ahlmad, applicant/plaintiff has failed to take steps
in terms of order dated 28.02.2025. Today, no one is appearing on behalf of the
applicant/plaintiff.
In the interest of justice, no adverse orders are being passed for
today against the applicant/plaintiff.
Put up for purpose fixed 08.08.2025. Applicant/plaintiff is
permitted to take fresh steps in terms of order dated 28.02.2025 within two
weeks from today.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
16.05.2025(sr)
-- 1 of 1 --
    Interim Order 8
    08 Nov 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
08.11.2024
This court is working with the only one stenographer.
Present: Sh. Akash Singh Rana, Ld. Counsel for applicant/plaintiff
(in CS DJ 133/18) alongwith applicant/plaintiff in person.
Ms. Kanchan, Ld. Proxy counsel for Sh. O.P. Aggarwal,
Ld. Counsel for non-applicants/defendants no. 2 to 4.
Ld. Counsel for the applicant submits that the applicant
wants to file rejoinder to the reply of the non-applicants no. 2 to 4.
Applicant is directed to file the same within six weeks from today with
advance copy to Ld. Counsel for the non-applicants no. 2 to 4.
Put up for reply/arguments on 28.02.2025.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
08.11.2024(sr)
-- 1 of 1 --
    Interim Order 7
    09 Aug 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
09.08.2024
Present: Applicant/plaintiff in CS DJ No. 133/18 in person.
None for non-applicant/defendant No. 1.
Sh. Ashish Aggarwal, Ld. Counsel for
non-applicants/defendant Nos. 2 to 4.
At the outset, an adjournment is sought by the applicant
stating that his counsel is not available today.
Reply has been filed on behalf of
non-applicants/defendant Nos. 2 to 4. Taken on record. Copy of the
same has been supplied to applicant in person.
Put up for arguments on 08.11.2024.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
09.08.2024(kd)
-- 1 of 1 --
    Interim Order 6
    29 Apr 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
29.04.2024
Present: Applicant/plaintiff in person.
None for non-applicant/defendant no. 1.
Ms. Kanchan, Ld. Proxy counsel for Sh. O.P. Aggarwal,
Ld. Counsel for non-applicants/defendants no. 2 to 4.
As per report of Ahlmad, notice of the present application
issued in terms of order dated 30.01.2024 has been duly served to
non-applicants no. 1 to 3 whereas no report has been received back
regarding non-applicant no. 4. Ld. Counsel appearing for non-
applicants no. 2 to 4 seeks time to file reply to the present application.
Ld. Counsel for non-applicants no. 2 to 4 is directed to file
Vakalatnama on the next date of hearing as well.
Applicant/plaintiff seeks an adjournment on the ground
that his counsel is not available today being unwell.
Put up for reply/arguments on the present application on
09.08.2024.
(Abhishek Srivastava)
Addl. Distt. Judge-05,
Central, THC, Delhi
29.04.2024(sr)
-- 1 of 1 --
    Interim Order 5
    15 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
15.03.2024
Ld. Presiding officer has gone to attend training
programme (Reflective Training for Newly Posted Officers) at
Delhi Judicial Academy.
Present: Sh. Jitender Kumar Garg, Ld. Counsel for the plaintiff
alongwith plaintiff in person.
Sh. O.P. Aggarwal, Ld. Cousnel for the defendant nos. 2
to 4.
None for the defendant no. 1.
As per directions of Ld. Presiding officer, put up for the
purpose fixed on 29.04.2024.
(AHLMAD)
15.03.2024
-- 1 of 1 --
    Interim Order 4
    30 Jan 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
30.01.2024
Present: Sh. Manish Awasthi, Ld. Counsel for applicant/plaintiff
(in CS DJ 133/2018) alongwith applicant/plaintiff in
person.
Ld. Counsel for applicant/plaintiff has filed an
application u/o 6 Rule 17 r/w Section 151 CPC alongwith the
amended application u/s 151 CPC to recall/set aside the order dated
05.09.2022. Same is taken on record.
In view of the submissions made in the application, the
application u/o 6 Rule 17 r/w Section 151 CPC filed today is allowed.
Amended application is taken on record. Application u/o 6 Rule 17
r/w Section 151 CPC is disposed off.
Submissions heard.
Issue notice of the application u/s 151 CPC to recall/set
aside the order dated 05.09.2022 filed (today i.e. 30.01.2024) by the
applicant/plaintiff to non-applicants/defendants on filing of PF/RC
within a week from today alongwith copy of application and
documents, if any.
Put up for further proceedings on 15.03.2024.
(Abhishek Srivastava)
Addl. Distt. Judge-05,
Central, THC, Delhi
30.01.2024(sr)
-- 1 of 1 --
    Interim Order 3
    06 Jan 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
06.01.2024
Present: Sh. Manish Awasthi, Ld. Counsel for appalicant/plaintiff
alongwith applicant/plaintiff in person.
Ld. Counsel for applicant/plaintiff has filed a copy of order
passed by Hon’ble High Court of Punjab & Haryana in CR 6164/2009 in
support of his submissions that the Court has power to restore the suit if the
same has been disposed of as withdrawn.
Arguments heard on the application.
Put up for further arguments/consideration on 30.01.2024.
(Abhishek Srivastava)
Addl. Distt. Judge-05,
Central, THC, Delhi
06.01.2024(kd)
-- 1 of 1 --
    Interim Order 2
    07 Dec 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
07.12.2023
Present: Sh. Manish Awashti, Ld. Counsel for applicant/plaintiff
alongwith applicant/plaintiff in person.
Erroneously, in ordersheet dated 18.10.2023, it has been
written that fresh application for setting aside exparte decree has been
received by way of assignment(error was caused because of heading
of the application wherein it is written that application under Section
151 CPC filed for setting aside of the exparte decree).
Perusal of record shows that in fact, the applicant in his
application is seeking the recall/setting aside of the order dated
05.09.2022 and asking for restoration of the suit to its original
number. It is further seen by this court that Ld. Predecessor of this
court vide order dated 05.09.2022 in CS no. 133/2018 has disposed
off the suit of the applicant/plaintiff as withdrawn as prayed.
Applicant/plaintiff in present application is challenging the order
dated 05.09.2022 passed by Ld. Predecessor of this court.
At request, put up for consideration on 06.01.2024.
(Abhishek Srivastava)
Addl. Distt. Judge-05,
Central, THC, Delhi
07.12.2023(sr)
-- 1 of 1 --
    Interim Order 1
    18 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: M- 667/23
Raj Kumar @ Raju Vs. Shimla & Ors.
18.10.2023
Fresh application under Section 151 CPC for
setting aside the ex parte decree has been received by way
of assignment. It be checked and registered.
Present: Sh. Manish Awasthi, Ld. Counsel for
applicant/plaintiff.
Put up for consideration on 07.12.2023.
In the meantime, record pertaining to CS DJ
no. 133/18 be requisitioned from Ahlmad/Record Room
on providing details by the applicant/plaintiff.
(Abhishek Srivastava)
Addl. Distt. Judge-05,
Central, THC, Delhi
18.10.2023(kd)
-- 1 of 1 --
    Order 15
    07 Aug 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ/667/2023
DLCT010148102023
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
07.08.2026
Present:- Mr. Jitender Kumar Garg, Ld. Counsel for applicant/plaintiff (on
VC)
None for defendant.
At request, put up for arguments on pending application on
21.8.2026.
(Virender Negi)
District Judge-05,
Central, THC, Delhi
07.08.2026
-- 1 of 1 --
    Order 14
    29 May 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
29.05.2026
Present: Sh. Rishabh Tiwari, Ld. proxy counsel for applicant/plaintiff.
Sh. O.P. Aggarwal, Ld. counsel for defendant nos. 2 to 4
through VC.
At request, put up for purpose fixed on 07.08.2026.
(Virender Negi)
District Judge-05,
Central, THC, Delhi
29.05.2026(kd)
-- 1 of 1 --
    Order 13
    20 Mar 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
20.03.2026
Present: Sh. Rishabh Tiwari, Ld. proxy counsel for Sh. Jitendra Kumar
Garg, Ld. counsel for applicant/plaintiff.
Sh. O.P. Aggrawl, Ld. counsel for non-applicants/defendant
nos. 2 to 4.
Once again an adjournment is sought on behalf of the
applicant/plaintiff, Ld. counsel submitting that the main counsel is not available
today. Last opportunity is granted to the applicant/plaintiff to advance
arguments.
Put up for purpose fixed on 29.05.2026.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
20.03.2026(kd)
-- 1 of 1 --
    Order 12
    06 Jan 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
06.01.2026
Present: Sh. Rishabh Tiwari, Ld. Proxy Counsel for Sh. Jitender Kumar
Garg, Ld. Counsel for Applicant/ Plaintiff.
Non applicant no.3 in person.
At joint request, matter is adjourned for purpose fixed for
20.03.2026.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
06.01.2026
-- 1 of 1 --
    Order 11
    03 Nov 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
03.11.2025
Present:- Sh. Madhur Tiwari, Ld. Proxy counsel for Sh. Jitender Kumar
Garg, Ld. Counsel for applicant/plaintiff.
None for non-applicants/defendants.
At the outset, a passover is sought on behalf of the applicant for
12:00 noon. Due to heavy cause list and since no one is appearing for the non-
applicants as well, request of the passover is declined.
Put up for purpose fixed for 06.01.2026
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
03.11.2025(kd)
-- 1 of 1 --
    Order 10
    08 Aug 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
08.08.2025
Present:- Sh. Madhur Tiwari, Ld. Proxy counsel for Sh. Manish Awasthi, Ld.
Counsel for applicant/plaintiff.
None for non-applicant/defendant no. 1.
Sh. O.P. Aggarwal, Ld. Counsel for non-applicants/defendants no. 2
to 4.
As per report of Ahlmad, applicant/plaintiff has failed to take steps
in terms of order dated 28.02.2025.
Arguments are heard on behalf of non-applicants/defendants no. 2
to 4. Ld. Counsel submits that he has already filed reply to the present
miscellaneous application and the present miscellaneous application is liable to
be dismissed.
An adjournment is sought on behalf of the applicant/plaintiff stating
that main counsel is not available today. Strong objection has been raised by Ld.
Counsel for the non-applicants/defendants no. 2 to 4.
In the interest of justice, one opportunity is granted to the applicant/
plaintiff for arguments on the present miscellaneous application on 03.11.2025.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
08.08.2025(sr)
-- 1 of 1 --
    Order 9
    16 May 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
16.05.2025
Present:- None for applicant/plaintiff.
None for non-applicant/defendant no. 1.
Ms. Kanchan, Ld. Proxy counsel for Sh. O.P. Aggarwal, Ld.
Counsel for non-applicant/defendants no. 2 to 4.
As per report of Ahlmad, applicant/plaintiff has failed to take steps
in terms of order dated 28.02.2025. Today, no one is appearing on behalf of the
applicant/plaintiff.
In the interest of justice, no adverse orders are being passed for
today against the applicant/plaintiff.
Put up for purpose fixed 08.08.2025. Applicant/plaintiff is
permitted to take fresh steps in terms of order dated 28.02.2025 within two
weeks from today.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
16.05.2025(sr)
-- 1 of 1 --
    Order 8
    08 Nov 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
08.11.2024
This court is working with the only one stenographer.
Present: Sh. Akash Singh Rana, Ld. Counsel for applicant/plaintiff
(in CS DJ 133/18) alongwith applicant/plaintiff in person.
Ms. Kanchan, Ld. Proxy counsel for Sh. O.P. Aggarwal,
Ld. Counsel for non-applicants/defendants no. 2 to 4.
Ld. Counsel for the applicant submits that the applicant
wants to file rejoinder to the reply of the non-applicants no. 2 to 4.
Applicant is directed to file the same within six weeks from today with
advance copy to Ld. Counsel for the non-applicants no. 2 to 4.
Put up for reply/arguments on 28.02.2025.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
08.11.2024(sr)
-- 1 of 1 --
    Order 7
    09 Aug 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
09.08.2024
Present: Applicant/plaintiff in CS DJ No. 133/18 in person.
None for non-applicant/defendant No. 1.
Sh. Ashish Aggarwal, Ld. Counsel for
non-applicants/defendant Nos. 2 to 4.
At the outset, an adjournment is sought by the applicant
stating that his counsel is not available today.
Reply has been filed on behalf of
non-applicants/defendant Nos. 2 to 4. Taken on record. Copy of the
same has been supplied to applicant in person.
Put up for arguments on 08.11.2024.
(Abhishek Srivastava)
District Judge-05,
Central, THC, Delhi
09.08.2024(kd)
-- 1 of 1 --
    Order 6
    29 Apr 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
29.04.2024
Present: Applicant/plaintiff in person.
None for non-applicant/defendant no. 1.
Ms. Kanchan, Ld. Proxy counsel for Sh. O.P. Aggarwal,
Ld. Counsel for non-applicants/defendants no. 2 to 4.
As per report of Ahlmad, notice of the present application
issued in terms of order dated 30.01.2024 has been duly served to
non-applicants no. 1 to 3 whereas no report has been received back
regarding non-applicant no. 4. Ld. Counsel appearing for non-
applicants no. 2 to 4 seeks time to file reply to the present application.
Ld. Counsel for non-applicants no. 2 to 4 is directed to file
Vakalatnama on the next date of hearing as well.
Applicant/plaintiff seeks an adjournment on the ground
that his counsel is not available today being unwell.
Put up for reply/arguments on the present application on
09.08.2024.
(Abhishek Srivastava)
Addl. Distt. Judge-05,
Central, THC, Delhi
29.04.2024(sr)
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    Order 5
    15 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
15.03.2024
Ld. Presiding officer has gone to attend training
programme (Reflective Training for Newly Posted Officers) at
Delhi Judicial Academy.
Present: Sh. Jitender Kumar Garg, Ld. Counsel for the plaintiff
alongwith plaintiff in person.
Sh. O.P. Aggarwal, Ld. Cousnel for the defendant nos. 2
to 4.
None for the defendant no. 1.
As per directions of Ld. Presiding officer, put up for the
purpose fixed on 29.04.2024.
(AHLMAD)
15.03.2024
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    Order 4
    30 Jan 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
30.01.2024
Present: Sh. Manish Awasthi, Ld. Counsel for applicant/plaintiff
(in CS DJ 133/2018) alongwith applicant/plaintiff in
person.
Ld. Counsel for applicant/plaintiff has filed an
application u/o 6 Rule 17 r/w Section 151 CPC alongwith the
amended application u/s 151 CPC to recall/set aside the order dated
05.09.2022. Same is taken on record.
In view of the submissions made in the application, the
application u/o 6 Rule 17 r/w Section 151 CPC filed today is allowed.
Amended application is taken on record. Application u/o 6 Rule 17
r/w Section 151 CPC is disposed off.
Submissions heard.
Issue notice of the application u/s 151 CPC to recall/set
aside the order dated 05.09.2022 filed (today i.e. 30.01.2024) by the
applicant/plaintiff to non-applicants/defendants on filing of PF/RC
within a week from today alongwith copy of application and
documents, if any.
Put up for further proceedings on 15.03.2024.
(Abhishek Srivastava)
Addl. Distt. Judge-05,
Central, THC, Delhi
30.01.2024(sr)
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    Order 3
    06 Jan 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
06.01.2024
Present: Sh. Manish Awasthi, Ld. Counsel for appalicant/plaintiff
alongwith applicant/plaintiff in person.
Ld. Counsel for applicant/plaintiff has filed a copy of order
passed by Hon’ble High Court of Punjab & Haryana in CR 6164/2009 in
support of his submissions that the Court has power to restore the suit if the
same has been disposed of as withdrawn.
Arguments heard on the application.
Put up for further arguments/consideration on 30.01.2024.
(Abhishek Srivastava)
Addl. Distt. Judge-05,
Central, THC, Delhi
06.01.2024(kd)
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    Order 2
    07 Dec 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 667/23
RAJ KUMAR @ RAJU Vs. SHIMLA AND ORS
07.12.2023
Present: Sh. Manish Awashti, Ld. Counsel for applicant/plaintiff
alongwith applicant/plaintiff in person.
Erroneously, in ordersheet dated 18.10.2023, it has been
written that fresh application for setting aside exparte decree has been
received by way of assignment(error was caused because of heading
of the application wherein it is written that application under Section
151 CPC filed for setting aside of the exparte decree).
Perusal of record shows that in fact, the applicant in his
application is seeking the recall/setting aside of the order dated
05.09.2022 and asking for restoration of the suit to its original
number. It is further seen by this court that Ld. Predecessor of this
court vide order dated 05.09.2022 in CS no. 133/2018 has disposed
off the suit of the applicant/plaintiff as withdrawn as prayed.
Applicant/plaintiff in present application is challenging the order
dated 05.09.2022 passed by Ld. Predecessor of this court.
At request, put up for consideration on 06.01.2024.
(Abhishek Srivastava)
Addl. Distt. Judge-05,
Central, THC, Delhi
07.12.2023(sr)
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    Order 1
    18 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: M- 667/23
Raj Kumar @ Raju Vs. Shimla & Ors.
18.10.2023
Fresh application under Section 151 CPC for
setting aside the ex parte decree has been received by way
of assignment. It be checked and registered.
Present: Sh. Manish Awasthi, Ld. Counsel for
applicant/plaintiff.
Put up for consideration on 07.12.2023.
In the meantime, record pertaining to CS DJ
no. 133/18 be requisitioned from Ahlmad/Record Room
on providing details by the applicant/plaintiff.
(Abhishek Srivastava)
Addl. Distt. Judge-05,
Central, THC, Delhi
18.10.2023(kd)
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