SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(UK) 73

SHARAD KUMAR SHARMA
Nathmal Agarwal – Appellant
Versus
Lt Col Sudhish Kumar Sharma & Another – Respondent


Advocates Appeared:
Siddhartha Singh, Advocate, Shikhar Kacker, Advocate

JUDGMENT

Sharad Kumar Sharma, J. - The revisionist/landlord had instituted SCC suit, way back in the year 1993, which was numbered as Suit No.03 of 1993. The same was dismissed for want of prosecution on number of earlier occasions, during its pendency and ultimately, till it was dismissed for want of prosecution on 25.11.2014. Seeking its recall, the plaintiff/revisionist, herein, had filed a Miscellaneous Application under Order 9 Rule 4 of the CPC to be read with Section 151 of the CPC along with the delay condonation application, which was numbered as Paper No. 5C before the learned Trial Court; seeking recall of the order dated 25.11.2014. By the impugned order, which has been put to under challenge before this Court, in the present civil revision under Section 25 of the Provincial Small Causes Courts Act, it is the rejection of the restoration application, seeking restoration of the prior restoration application, which has been rejected.

2. The respondents have put in appearance through Mr. Shikhar Kacker, Advocate, as a Caveator. He was heard on merits of the matter. In case, if the judgment impugned itself is taken into consideration in its entirety, the reason assigned by th

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top