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DELHI HIGH COURT
SURESH KUMAR KAIT
Vijay Kumar Nagpal – Appellant
Versus
Parveen Kumar Nagpal – Respondent
| Table of Content |
|---|
| 1. filing for restoration of suit (Para 1 , 2) |
| 2. claim of bona fide mistake in non-appearance (Para 3 , 4) |
| 3. defendant argues on maintainability of application (Para 6 , 7 , 8) |
| 4. court's inherent power under section 151 cpc (Para 10 , 11 , 12) |
| 5. restoration due to non-intentional absence (Para 14 , 15) |
| 6. suit restored with conditions (Para 16 , 17) |
| 7. conclusion and directions for next steps (Para 18 , 19) |
ORDER
I.A.15069/2021 (under Section 151 CPC)
1. Present application has been filed by the applicant/plaintiff under Section 151 of Code of Civil Procedure, 1908 (hereinafter referred to as `CPC') for recalling of order dated 28.10.2021 and consequently, to restore the suit to its original number as well as to restore the interim order dated 21.12.2020 passed by this Court.
2. It is averred in the present application that the present suit came up for hearing before this Court on 21.12.2020 and on the said date, summons were issued to defendant and an interim order was passed directing the parties to maintain status-quo as to the title and possession of the suit property and the matter was directed to be listed before learned Joint Registrar on 22.01.2021 for comp
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