Final Order 3

Order Details: COPY OF ORDER
Pdf Text: 8 Misc SCJ 197/25
GAYATRI Vs. STATE OF NCT DELHI
03.09.2025
Present : Mr. Ld. Proxy counsel for applicant alongwith applicant.
Ms. Deepanjali Non-applicant no.3, and Ms. Shashi Non-applicant no. 4, in
person.
As per report of the Ahlmad, notice issued upon the respondent no. 2 has
been received back served and respondent no. 3 has been received back unserved.
This is an application under Order IX rule 9 CPC seeking restoration of the
succession petition no. 3/25, which came to be dismissed for non-prosecution and non-
appearance vide order dated 01.05.2025.
It is stated that mother of the counsel for applicant Sh. Mohit Tiwari was
unwell and she underwent surgery on 26.04.2025 and the counsel was visiting her to
hospital on 01.05.2025. Application is supported with medical documents of Ms. Sushila
stated to be mother of Mr. Mohit Tiwari, one of the Ld. Counsel for applicant.
Arguments have been heard and record has been perused.
Perusal of the record shows that neither the petitioner nor her counsel
bothered to appear on several dates i.e. 09.01.2025, 06.03.2025 and then on 01.05.2025.
The application does not show any justification for non-appearance of the applicant on all
dates at all and also for non-appearance of the counsel on dates prior to 01.05.2025.
However, as substantial rights of the applicant would be defeated if the
petition is not restored, accordingly in the interest of justice and subject to cost, the
applicant stands allowed. Applicant is burdened with cost of Rs. 5,000/- to be deposited in
the A/c of District & Sessions Courts Employees Welfare Association Delhi detailed as
under:-
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SBI Account No. 38222714058
IFSC : SBIN0000726
Branch: Tis Hazari
Receipt of the same be filed before NDOH.
The succession petition no. 03/25 is directed to be restored upon
compliance by the applicant to its original number and position.
Let the present file consigned to record room after due compliance.
The succession petition so restored be taken up for arguments for 20.11.2025
(Bharat Aggarwal)
ACJ-cum-ARC, Central
District, Tis Hazari Courts
03.09.2025
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