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2026 Supreme(Online)(Del) 119

IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA, J
STATE OF NCT OF DELHI & ANR. – Appellant
Versus
DINESH KUMAR JAIN & ANR. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Tushar Sannu, Ms. Ishika Jain, Mr. Chetan Sharma, Mr. Sameer Vashist, Mr. Anshuman, Mr. Naman, Mr. Amit Gupta, Mr. Yashwardhan Sharma
For the Respondents: Mr. Ashwani Kr. Sharma, Mr. P.K. Dixit

JUDGMENT

CHANDRASEKHARAN SUDHA, J.

1. This petition under Section 114 and Order XLVII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (the CPC), has been filed by the appellants in FAO 53/2023 for reviewing the judgement dated 28.11.2025 dismissing the appeal. In the appeal, the review petitioners had challenged the order dated 30.01.2023of the learned District Judge, East District, Karkardooma Courts, inMisc. DJ No. 21/2022 inO.S. 2738/2016 whereby their application under Order IX Rule 13 CPC for setting aside the ex-parte judgment and decree dated 11.02.2020 was dismissed on the dual grounds of limitation and absence of sufficient cause.

2. According to the review petitioners, the impugned judgment suffers from errors apparent on the face of the record, warranting exercise of review jurisdiction. It is urged that the finding in the impugned judgment treating the application under Order IX Rule 13 CPC as barred by limitation is contrary to the binding directions issued by the Apex Court vide order dated 10.01.2022 in Suo Motu W.P.(C). 3/2020 In Re: Cognizance for Extension of Limitation, in Miscellaneous Application No. 21/2022, whereby the period from 15.03.2020

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