Disposed

Syed Neelam Akhtar v. Jitender Jain and Anr.

Delhi HC26 Nov 2025CS(OS)/237/2025

Case brief

AI extract

What is this about?

Plaintiff sought condonation of a 21-day re-filing delay and restoration of a suit dismissed under Order IX Rule 3 CPC due to counsel's non-appearance. Delay was condoned; notice of the restoration application was issued to defendants, returnable on 23.04.2026.

What did the court decide?

21-day re-filing delay condoned; notice issued on the restoration application pending decision on 23.04.2026.

Syed Neelam Akhtar Vs Jitender Jain and Anr. — Civil Procedure and Limitation | Delhi HC (2025)

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$~64

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 237/2025

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SYED NEELAM AKHTAR .....Plaintiff Through: Mr. Kuldeep Kumar, Advocate with plaintiff in person.

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versus

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JITENDER JAIN AND ANR .....Defendants Through:

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 27.01.2026

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I.A. 2209/2026 (Application under Section 5 of the Limitation Act read with Section 151 CPC by the plaintiff)

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The present application has been filed by plaintiff/applicant seeking condonation of 21 days delay in re-filing the application seeking restoration of application being IA. 2208/2026.

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For the reasons mentioned in the application, delay of 21 days in refiling the application is condoned.

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Application stands disposed.

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I.A. 2208/2026 (Application under Order IX Rule 4 read with Section 151 CPC seeking restoration of the suit by the plaintiff)

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The present application has been filed by the plaintiff/applicant seeking restoration of suit, which was dismissed under Order IX Rule 3 CPC vide order dated 26.11.2025.

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Mr. Kuldeep Kumar, learned counsel appearing on behalf of the plaintiff/applicant submits that non-appearance of the counsel on the said

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/01/2026 at 13:00:24

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date was for the reason that the counsel was assisting another Court at the time when this matter was called out.

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In view of the above, issue notice to the defendants/non-applicants by all permissible modes, returnable on 23.04.2026.

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VIKAS MAHAJAN, J

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JANUARY 27, 2026/ jg

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/01/2026 at 13:00:24

Syed Neelam Akhtar v. Jitender Jain and Anr.

Case brief

What is this about?

What did the court decide?

Syed Neelam Akhtar v. Jitender Jain and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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