O R D E R

% 20.04.2026

CM APPL. 25765/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is accordingly disposed of.

CM APPL. 25766/2026 (Condonation of delay)

1. This application has been filed seeking condonation of delay of 10 days in re-filing the present petition.

2. In view of the facts as stated in the application, the delay of 10 days in re-filing is condoned.

3. Accordingly, application is allowed and disposed of.

C.R.P. 116/2026

1. This petition has been filed challenging the impugned order dated 10th February 2026, passed by the District Judge, Central, Tis Hazari Court in Misc.DJ No. 54/2026, whereby an application filed by respondent under Order IX Rule 9 of the Code of Civil Procedure, 1908 (‘CPC’) was allowed.

2. Mr. R.K Jain, appearing for petitioner, contends that respondent was inducted as a tenant in the property in 2011. In 2014, an Agreement to Sell was executed between the parties, and in 2016, a suit for specific performance was filed by respondent, which was dismissed in default on 28th September 2022.

3. In the meantime, a suit for possession had been filed by petitioner herein in 2025, which was decreed in favour of petitioner, and respondent had been directed to vacate the premises and pay the arrears of rent as well as mesne profit.

4. The appeal filed by respondent against petitioner’s suit was dismissed on 17th October 2025, and the Regular Second Appeal preferred thereafter has also recently been dismissed. Petitioner’s execution is, therefore, pending.

5. Despite respondent appearing through counsel in the proceedings of petitioner’s suit, respondent subsequently filed an application under Order IX Rule 9 of CPC along with Section 5 of the Limitation Act, 1963 on 11th January 2026, seeking revival of the suit on the basis that respondent had been misled by his counsel. The said application was allowed by the impugned order, subject to a cost of Rs. 20,000/-.

6. Mr. Jain, counsel for petitioner, contends that the revival of the suit, after a delay of more than three years from the date of its dismissal, and despite respondent’s active participation in petitioner’s suit, renders the impugned order liable to be set aside.

7. Accordingly, issue notice to respondent through counsel Sh. Pradeep Chauhan, who had appeared for respondent before the Trial Court.

8. List on 19th May 2026.

9. In the meantime, proceedings before the Trial Court shall be deferred till after the next date fixed before this Court.

10. Order be uploaded on the website of this Court.