Disposed¶18

Mukesh Kumar v. Om Prakash & Anr.

Delhi HC18 Feb 2026FAO/31/2023

Case brief

AI extract

What is this about?

Restoration of suit dismissed for plaintiff's non-appearance during COVID; application under Section 151 CPC dismissed on 06.12.2022; FAO 31/2023, Delhi High Court, Justice Manoj Kumar Ohri, decided 18.02.2026; suit restored, listed 09.03.2026; defendants permitted to lead defence evidence despite earlier order dated 12.10.2018 closing right to lead evidence; disposal by consent / no objection of both sides; Mukesh Kumar v. Om Prakash & Anr.

What did the court decide?

Suit restored and to be listed before the concerned Court at the first instance on 09.03.2026; defendants permitted to lead defence evidence; appeal and pending applications disposed of. ¶18

Mukesh Kumar Vs Om Prakash & Anr. — Delhi HC (2026) — LawSathi Research

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO 31/2023 & CM APPL. 6049/2023 MUKESH KUMAR .....Appellant Through: Mr. Raj Kumar, Advocate

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versus

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OM PRAKASH & ANR. .....Respondent Through: Mr. K.P. Singh and Mr. B.K. Singh, Advocates

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 18.02.2026

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By way of present appeal, the appellant who is the plaintiff before the Trial Court is aggrieved by the order dated 06.12.2022 vide which his application filed under Section 151 of the Code of Civil Procedure, 1908 seeking restoration of the suit was dismissed.

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Learned counsel for the appellant contends that the matter was listed before the Trial Court during COVID times and it is due to this reason, he could not appear before the Trial Court on the date fixed resulting in dismissal of the suit. He submits that the suit was on the stage of consideration of an application filed by the defendants seeking recall of order dated 12.10.2018 vide which the defendants right to lead the evidence was closed.

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Mr. Raj Kumar, learned counsel for the appellant, while praying that the present appeal be allowed and the suit be restored, submits that he has no objection in case the defendant’s application seeking right to lead defence evidence be also permitted. He submits that he would not file objection to

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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 21/02/2026 at 11:22:46

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the application subject to the suit being restored.

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Learned counsel for the respondent, on instructions, submits that he has no objection to the aforesaid prayer.

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Let the suit be restored for which it would be listed before the concerned Court at the first instance on 09.03.2026.

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In view of the no objection, the Trial Court shall also permit the defendants to lead its defence evidence.

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The present appeal alongwith the pending applications is disposed of in above terms.

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MANOJ KUMAR OHRI, J

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FEBRUARY 18, 2026 sn

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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 21/02/2026 at 11:22:46

Mukesh Kumar v. Om Prakash & Anr.

Case brief

What is this about?

What did the court decide?

Mukesh Kumar v. Om Prakash & Anr.

Case brief

What is this about?

What did the court decide?

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