Rajneesh Kumar vs Ved Prakash - 2024 Supreme(SC) 1101

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1101

J. B. PARDIWALA, R. MAHADEVAN
Rajneesh Kumar – Appellant
Versus
Ved Prakash – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Aditya Dhawan, Adv. Mrs. Kiran Dhawan, Adv. Mr. Chander Shekhar Ashri, AOR
For the Respondent(s): Mr. Rajesh Gupta, Adv. Mrs. Harpreet Singh, Adv. Mr. Sumit R. Sharma, AOR

ORDER

1. Special Leave Petition (Civil) No. 935 of 2021 arises from the order passed by the High Court of Himachal Pradesh dated 09.12.2019 in the Civil Revision Application No. 96 of 2019 by which the High Court allowed the Civil Revision Application filed by the original defendant/counter claimant and thereby quashed and set aside the order passed by the District Judge, Shimla condoning the delay of more than 534 days in filing the appeal by the petitioners herein (original plaintiffs).

2. Special Leave Petition (Civil) No. 936 of 2021 arises from the order passed by the High Court in Review Petition No. 5 of 2020 dated 10.07.2020 by which the High Court rejected the review application.

3. It appears from the materials on record that the petitioners herein (original plaintiffs) filed a civil suit against the respondent (defendant). The respondent herein had filed counter claim in the said suit. The civil suit came to be dismissed for default and the application for restoration moved by the petitioners herein was also ordered to be dismissed for default. The counter claim of the respondent was allowed vide the judgment and decree dated 17.01.2015 passed in the very same suit.

4. The p

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