Sneh Lata @ Sneh Kumar v. the State & Ors.

Delhi HC18 Mar 2026FAO/231/2022

Case brief

AI extract

What is this about?

Restoration of probate petition dismissed in default; Order IX Rule 9 read with Section 151 CPC; appeal under Order XLIII Rule 1 CPC; FAO 231/2022; Delhi High Court; Additional District Judge-01(SE) Saket Courts; orders dated 10.10.2019 and 25.05.2022 set aside; probate case restored; listing on 30.03.2026; Order XII Rule 6 CPC application disposed 06.08.2019; last opportunity 24.07.2018; no further adjournment assurance.

What did the court decide?

Orders dated 10.10.2019 and 25.05.2022 set aside; probate case restored to its original position and directed to be listed at the first instance before the concerned Court on 30.03.2026; pending application disposed of alongwith the petition. ¶¶19

Sneh Lata @ Sneh Kumar Vs the State & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 25.05.2022 passed by the learned Additional District Judge-01(SE), Saket Courts, New Delhi, dismissing the appellant's application under Order IX Rule 9 read with Section 151 CPC for restoration of her probate petition, should be set aside.

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Court's answer

Considering the facts on record and the assurance given on behalf of the appellant, the orders dated 10.10.2019 (dismissing the probate petition in default) and 25.05.2022 (dismissing the restoration application) are set aside.

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Ratio / Principle

The probate case is restored to its original position and is to be listed at the first instance before the concerned Court on 30.03.2026.

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Detailed headnote1 paragraphs

FAO 231/2022 with CM APPL. 38882/2022, High Court of Delhi (Manoj Kumar Ohri, J), decided 18.03.2026 — Appeal under Order XLIII Rule 1 CPC against the order dated 25.05.2022 of the learned Additional District Judge-01(SE), Saket Courts, New Delhi, dismissing the appellant Sneh Lata @ Sneh Kumar's application under Order IX Rule 9 read with Section 151 CPC for restoration of her probate petition, which had been dismissed in default on 10.10.2019 while she was present in the Court premises awaiting her counsel; the restoration application was filed the very next day (11.10.2019). Respondent Nos. 2 and 3 opposed, citing the caution and last opportunity granted on 24.07.2018. Considering the daily proceeding sheets (arguments on the Order XII Rule 6 CPC application heard on 21.02.2019; disposed of on 06.08.2019) and the appellant's assurance that no further adjournment would be sought and all witnesses examined without delay, the Court set aside the orders dated 10.10.2019 and 25.05.2022, restored the probate case to its original position, and directed its listing before the concerned Court on 30.03.2026.

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$~32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO 231/2022 and CM APPL. 38882/2022

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SNEH LATA @ SNEH KUMAR .....Appellant Through: Mr.MK Sharma, Mr.Abhinav Sharma and Mr.Abhishek C., Advocates

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versus

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THE STATE & ORS. .....Respondents Through: Mr.Rajesh Kajla and Mr.Aakash, Advocates for respondent Nos.2 and 3

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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O R D E R

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% 18.03.2026

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By way of the present appeal filed under Order XLIII Rule 1 of the Code Of Civil Procedure, 1908(hereinafter referred to as ‘CPC’), the appellant seeks to assail the order dated 25.05.2022 passed by the learned Additional District Judge-01(SE), Saket Courts, New Delhi whereby an application filed by the appellant under Order IX Rule 9 read with Section 151 CPC, seeking restoration of petition, was dismissed.

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Learned counsel for the appellant submits that the appellant has preferred the underlying probate petition, which was at the stage of evidence. It is submitted that the appellant was diligent and was regularly appearing in the proceedings, however, on 10.10.2019, although she was present in the Court premises and awaiting her counsel outside the Court, when the matter was called and dismissed in default. It is further submitted that the bona fides of the appellant are also reflected from the fact that, on the very next date, i.e., 11.10.2019, the subject application under Order IX Rule 9 read with Section 151 CPC came to be filed. It is also submitted that

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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 24/03/2026 at 13:13:59

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there has been no prior default on the part of the appellant.

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Learned counsel for the appellant submits that the appellant assures that no further adjournment would be sought and all witnesses will be examined without any delay.

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Learned counsel for respondent Nos. 2 and 3, on the other hand, has opposed the prayer and submits that the order dated 10.10.2019 would show that even on an earlier date, i.e., 24.07.2018, the appellant was cautioned and last opportunity was granted to summon witnesses.

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The daily proceeding sheets of the learned trial court have been placed on record which would reflect that on 21.02.2019, the Court heard arguments on application under Order XII Rule 6 CPC and the matter was listed for clarification. Thereafter, the matter was renotified for clarification on three dates, and the said application came to be disposed of on 06.08.2019. The matter was renotified on 10.10.2019, when the appellant claims that she was standing outside the Court premises and awaiting her counsel when the impugned order came to be passed.

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Considering the aforesaid facts and the assurance given on behalf of the appellant, the orders dated 10.10.2019 as well as 25.05.2022 are set aside. The probate case is restored to its original position and be listed at the first instance before the concerned Court on 30.03.2026.

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In view of the above, the present petition is disposed of alongwith the pending application.

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MANOJ KUMAR OHRI, J

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MARCH 18, 2026 na

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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 24/03/2026 at 13:13:59

Sneh Lata @ Sneh Kumar v. the State & Ors.

Case brief

What is this about?

What did the court decide?

Sneh Lata @ Sneh Kumar v. the State & Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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Procedural history

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