Final Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ 1567/25
SONU GUPTA VS. BHAGWAN DEVI
30.04.2026
Present: Sh. Arjun Singh, Ld. Counsel for applicant/appellant
through VC.
Sh. Rahul Kumar, Ld. Proxy Counsel for non
applicant/respondent.
Matter be listed for order in post lunch session.
At 4.39PM
Present: None.
1. The present application has been filed by the
appellant under Order XLI Rule 19 read with Section 151 of CPC
seeking restoration of the appeal which was dismissed in default
vide order dated 16.10.2025.
2. It is stated in the application that on the date fixed
i.e. 16.10.2025, neither the appellant nor his counsel could appear
before this Court as the previous counsel failed to appear and also
did not inform the appellant about the said date. It is further
submitted that the non-appearance was neither intentional nor
deliberate but due to bona fide reasons. It is also stated that
immediately upon gaining knowledge of dismissal, the appellant
took steps to engage new counsel and filed the present
application without undue delay.
3. The respondent has filed a reply opposing the
application, inter alia contending that the appellant had been
granted several opportunities earlier, had changed counsels
multiple times, and that the application has been filed only to
delay the proceedings. It is further contended that the appellant
has failed to show sufficient cause and that the application is
barred by limitation.
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4. I have already heard the submissions advanced and
perused the record.
5. The law is well settled that matters should ordinarily
be decided on merits rather than on technical grounds, unless
there is gross negligence or deliberate inaction on the part of the
litigant. In the present case, the explanation furnished by the
appellant for non-appearance on 16.10.2025 appears to be
plausible. The absence has been attributed to the lapse on the part
of the previous counsel.
6. Although the respondent has pointed out prior
conduct of the appellant, it would be in the interest of justice to
afford one final opportunity to the appellant to pursue the appeal
on merits. Accordingly, the application under Order XLI Rule 19
CPC is allowed, subject to payment of costs of Rs. 8,000/- to the
respondent.
8. The appeal bearing RCA DJ No. 41/2022 titled Sonu
Gupta vs. Bhagwan Devi is hereby restored to its original number
and original position, subject to deposit/payment of the aforesaid
costs.
9. Parties are directed to appear before this Court on
29.09.2026 for arguments on appeal.
(RAKESH KUMAR V)
DJ-04/North-West
Rohini Courts/Delhi
30.04.2026
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