Divay Bhasin v. Sharad Kumar Sachan

Delhi HC10 Jul 2025C.R.P./193/2025

Case brief

AI extract

What is this about?

C.R.P. 193/2025; Delhi High Court; Tara Vitasta Ganju, J.; decision 10.07.2025; Section 115 CPC revision; setting aside dismissal of suit for non-prosecution / non-appearance; restoration; ex-parte defendant 07.12.2024; adjournment for international travel; costs Rs. 10,000/- DHCBA Cost A/c No. 15530110179338; final opportunity to lead evidence; appearance before Trial Court 24.07.2025; Senior Civil Judge Tis Hazari; CM Appl. 40109/2025 exemption certified copies.

What did the court decide?

Impugned Order dated 22.04.2025 set aside, subject to payment of Rs. 10,000/- costs by the Petitioner to the DHCBA Cost A/c; Petitioner permitted to lead evidence, bound by his Counsel's undertaking against unnecessary adjournments, and directed to appear before the Trial Court on 24.07.2025. ¶¶22

Divay Bhasin Vs Sharad Kumar Sachan — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Impugned Order dated 22.04.2025 dismissing the Petitioner's suit for non-appearance and non-compliance with the previous order should be set aside so as to permit the Petitioner one final opportunity to lead his evidence.

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Court's answer

In view of the circumstances and in the interest of justice, the Impugned Order is set aside subject to payment of costs of Rs. 10,000/- by the Petitioner directly to the DHCBA Cost A/c No. 15530110179338.

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Ratio / Principle

The Petitioner is bound down by his Counsel's statement that no unnecessary adjournments will be taken, and shall appear before the learned Trial Court on 24.07.2025.

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Key takeaways

CM Appl. 40109/2025 seeking exemption from filing certified copies is allowed, subject to just exceptions, and stands disposed of.ratio¶¶8
The Petition is disposed of in the aforegoing terms.ratio¶¶22

Detailed headnote1 paragraphs

Civil Revision Petition under Section 115 CPC against order dated 22.04.2025 of the Senior Civil Judge, West District, Tis Hazari Court, Delhi, dismissing the petitioner-plaintiff's suit for non-appearance and non-compliance with the previous order. The respondent had been proceeded ex-parte on 07.12.2024; evidence of the petitioner was fixed for 15.02.2025 (adjournment sought), and the suit was dismissed when a second adjournment was sought on 22.04.2025 on account of the petitioner's programme of international travel, although his evidence by affidavit was already on record. Held: in the interest of justice, the Impugned Order was set aside subject to costs of Rs. 10,000/- payable by the petitioner directly to the DHCBA Cost A/c No. 15530110179338; the petitioner was bound down by his counsel's statement that no unnecessary adjournments would be sought and was directed to appear before the Trial Court on 24.07.2025. Petition disposed of (CM Appl. 40109/2025 for exemption from filing certified copies allowed).

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$~47

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 10.07.2025

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C.R.P. 193/2025 DIVAY BHASIN .....Petitioner Through: Mr. Vipin Dilawari, Adv. versus SHARAD KUMAR SACHAN .....Respondent Through:

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CORAM:

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HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)

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CM Appl. 40109/2025 [Exemption from filing certified copies]

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Allowed, subject to just exceptions.

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The Application stands disposed of.

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C.R.P. 193/2025

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The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] impugning the order dated 22.04.2025 passed by the Senior Civil Judge, West District, Tis Hazari Court, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the learned Trial Court has dismissed the suit filed by the Petitioner for non-appearance as well as for non-compliance of the previous order.

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Learned Counsel for the Petitioner submits that the Petitioner [Plaintiff before the learned Trial Court] had already placed on record his evidence by way of affidavit but the Petitioner was unable to appear on 22.04.2025 since he was travelling. He seeks to rely upon the copies of the passport, tickets and visa as filed with the Petitioner in this behalf. Learned

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Signature Not Verified

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C.R.P. 193/2025

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Page 1 of 2

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Digitally Signed By:RAHUL Signing Da te:1 2.07.2025 05:00:47

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Counsel for the Petitioner further submits that thus, an adjournment was sought on 22.04.2025 in view of the program for international travel of the Petitioner/Plaintiff.

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The record of the learned Trial Court reflects that the Respondent was proceeded as ex-parte on 07.12.2024 and the matter was fixed for evidence of the Petitioner on 15.02.2025. However, a request for an adjournment was also sought on that date. Thus, the learned Trial Court dismissed the matter for non-prosecution when the second adjournment was sought on 22.04.2025.

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5.1 Learned Counsel for the Petitioner submits that he has a good case on merits and he may be given one final opportunity to lead his evidence in the matter.

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In view of the aforegoing circumstances and in the interest of justice, the Impugned Order is set aside subject to the payment of costs in the sum of Rs. 10,000/- payable by the Petitioner directly to “ DHCBA Cost A/c No. 15530110179338” .

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Learned Counsel for the Petitioner submits that no unnecessary adjournments will be taken by the Petitioner before the learned Trial Court. The Petitioner is bound down by the statement made by his Counsel. The Petitioner shall appear before the learned Trial Court on 24.07.2025.

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