Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 853/2025
MOHD. ASAD SIDDIQUI Vs. PANKAJ JAIN
04.12.2025
Present: Sh. Nikhil Sharma, Ld. Counsel for the applicant/
plaintiff.
Sh. Ashok Mittal, Ld. Counsel for non- applicant
/defendant through VC.
Non-applicant / defendant in person.
1. This is an application moved on behalf of the applicant/
plaintiff under Order IX Rule 9 read with Section 151 CPC
seeking restoration of the present suit which was dismissed
in default and also for non-prosecution vide order dated
27.10.2025.
2. In the application, it is stated that the plaintiff firm is
working at Udaipur, Rajasthan; on 27.10.2025, the plaintiff
has engaged the new counsel who could not appear in time
and appeared on 27.10.2025 at about 2:30 PM and by that
time the present case had already been dismissed in default
and for non-prosecution. A request has been made to
restore the same.
3. Ld. Counsel for the non-applicant/ defendant submits that
he does not want to file any reply to the aforesaid
application and he has no objection if the said prayer is
allowed but the plaintiff may be burdened with heavy cost.
4. Heard and perused the record.
5. In view of the submissions made and in the interest of
justice, subject to cost of Rs.8,000/- to be paid by the
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applicant/ plaintiff to the non-applicant/ defendant, the
instant application moved on behalf of the applicant/
plaintiff is allowed and the present suit is directed to be
restored to its original number. The application is disposed
off accordingly.
6. It was pointed out that at the time when the present case
was dismissed, it was at the stage of arguments on the
application of the plaintiff moved under Order 39 Rule 1
and 2 CPC.
7. Now file be taken up for arguments on the application of
the plaintiff moved under Order 39 Rule 1 and 2 CPC on
07.01.2026.
8. Date has been given absolutely as per the convenience of
Ld. Counsels of both the parties.
(Rajesh Kumar Goel)
District Judge (Commercial Court)-02
Central District, Tis Hazari Courts, Delhi
04.12.2025
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