Final Order 2

Order Details: COPY OF ORDER
Pdf Text: CA No:- 272/2025
Sarita Joshi v. Ravinder Bhushan Joshi Page No. 1 / 3
CNR No:- DLET01-005088-2025
CA No:- 272/2025
Sarita Joshi v. Ravinder Bhushan Joshi
30.03.2026
Present:- Sh. Kesar Singh, Ld. Counsel for appellant.
Sh. Himanshu Matta, Ld. Counsel for respondent.
Arguments on the present appeal heard.
Vide present appeal, appellant has assailed the
impugned order dated 26.08.2025 passed by Ld. JMFC (Mahila
Court-02), East District, Karkardooma Courts, Delhi vide which
application moved on behalf of appellant seeking restoration of
her complaint case no. 2712/2017 was dismissed.
It is argued by Ld. Counsel for appellant that there is
multiplicity of litigation between the parties and appellant had
been appearing before Ld. Trial Court regularly on each and every
date of hearing. It is argued that the complainant/ appellant’s
evidence before Ld. Trial Court had already been concluded and
matter was fixed for respondent’s evidence, however, appellant
could not appear before the Court on dates fixed for hearing i.e.
11.10.2023, 17.11.2023, 31.01.2024 and 13.02.2024 due to
confusion in noting down the dates of hearing. It is argued that
owing to absence of the appellant on 13.02.2024, the matter got
dismissed in default for non-prosecution before Ld. Trial Court.
However, severe prejudice would be caused to her if matter is not
restored as appellant is a senior citizen who has been subjected to
domestic violence at the hands of respondent and non adjudication
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of the present matter on merits would result in grave injustice to
her.
It is argued by Ld. Counsel for appellant that Ld. Trial
Court primarily dismissed the application seeking restoration of
DV petition on the ground that Ld. Counsel for appellant failed to
produce any documents in support of his contentions that server of
e-courts website was down or that his grand-mother was unwell.
In this context, Ld. Counsel for appellant has placed on record
copy of death certificate of his grand-mother who reportedly
passed away on 02.10.2025. It is further argued that delay of 67
days in filing the restoration application occurred due to bona-fide
reasons beyond the control of the appellant and the delay was
neither deliberate nor intentional but circumstantial.
Ld. Counsel for respondent on the other hand,
submits that present appeal is abuse of process of law and that the
impugned order dated 26.08.2025 is just, reasonable and does not
suffer from any legal infirmity. However, in all fairness, it is
submitted by Ld. Counsel for respondent that he has no objection
if complaint case bearing CT No. 2712/2017 is restored to its
original number subject to imposition of exemplary cost upon
appellant as prior conduct of appellant is also not worthy for grant
of any liberty.
I have heard the arguments on behalf of both the
parties and carefully perused the record.
Suffice it to state, the present matter is at the stage of
respondent’s evidence and complainant’s evidence has already
been led and closed. Perusal of the record reflects that while
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petitioner had been appearing before Ld. Trial Court on regular
occasions, she failed to appear on last few dates of hearing i.e.
11.10.2023, 17.11.2023 and 31.01.2024, consequent to which Ld.
Trial Court was constrained to dismiss the complaint in default for
non-appearance on 13.02.2024. However, to ensure adjudication
of the present complaint case on merits, to avoid prejudice to the
appellant and in lieu of no objection given by Ld. Counsel for
respondent, impugned order dated 26.08.2025 is set-aside and
complaint case bearing CT No. 2712/2017 stands restored to its
original number, subject to payment of cost of Rs.8,000/- by
appellant to the respondent.
Considering the fact that present matter is more than
5 years old, parties are directed to remain diligent in pursuing their
case before Ld. Trial Court, so that proceedings can be concluded
expeditiously.
Both parties are directed to appear before Ld. Trial
Court on 07.04.2026. The present appeal stands disposed of
accordingly.
Trial Court Record be sent back to the Ld. Trial
Court along with copy of this order.
File be consigned to record room after due
compliance.
(Akash Jain)
ASJ-04, East District
KKD Courts, Delhi: 30.03.2026
(G)
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