Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 33 MISC DJ 733/25 Nafis Ahmad Vs. Paramjit Kaur
13.08.2025.
Present: Sh. Ajay Bansal, Ld. Counsel for applicant.
Heard. Record is perused. Main file is also perused
carefully.
The suit was dismissed in default for non-prosecution vide
order dated 09.04.2025 and defendant was not even summoned on that
day. Accordingly, no notice of the present application is required to be
given to the defendant.
Now, restoration is being sought on the ground that on that
day, Ld. Counsel had to travel plan for which tickets were already
booked and request of his associate counsel for short accommodation
was not allowed. Though record does not show that any counsel or
associate counsel appeared on 09.04.2025 but considering that
application was filed within 30 days of the dismissal of the suit and case
ought to be decided on merits rather than on technical ground,
application is allowed and suit is hereby restored in its original position.
Now, issue summons for settlement of issues of the present
suit and notice of the application to the defendant(s) on filing of PF
(within one week), Speed Post & AD, returnable for 10.12.2025. Report
obtained from internet in respect of the service to defendant(s) through
Speed Post be placed on record by the counsel for the plaintiff.
(Aanchal)
District Judge-03, Rohini Courts
North District, Delhi
13.08.2025(amt)
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