ANJU TOMAR & ORS. vs STATE NCT OF DELHI & ORS.

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23rd April, 2025 + FAO 107/2025 ANJU TOMAR & ORS. .....Appellants Through: Mr. Ishaan Michu, Adv. versus STATE NCT OF DELHI & ORS. .....Respondents Through: Ms. Nitika Bhutani, Panel Counsel-GNCTD for R-1/ State. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. The hearing is being conducted through hybrid mode. CM APPL. 23630/2025 (For exemption) 2. Allowed, subject to all just exceptions. 3. The application stands disposed of. FAO 107/2025 4. The appellants have preferred the present appeal under Section 104 read with Order XLIII Rule 1(A) of the Code of Civil Procedure, 1908 [“CPC”] seeking setting aside of orders dated 02.09.2024 passed by the learned District Judge-02, Shahdara District, Karkardooma Courts, Delhi [“Trial Court”], whereby application under Order IX Rule 9 of the CPC arising out of CS No. 173/2018 for restoration of the suit dismissed vide order 16.05.2023 filed by the appellant No.1 was dismissed. Signature Not Verified FAO 107/2025 Digitally Signed By:PRAMOD Page 1 of 6 KUMAR VATS Signing Date:28.04.2025 11:21:03 5. Learned counsel for the respondent No.1 is present. No one is present for the respondents No. 2 to 6 despite sending advance notice. 6. Having heard the learned counsels for the parties present and on perusal of the record, a short question of law and facts is involved in the present matter and the instant appeal can be conveniently disposed of without any prejudice to the remaining respondents. 7. In a nutshell, the appellant No.1 along with her children i.e. the appellants No. 2 and 3 has instituted a suit seeking compensation on account of death of her husband due to medical negligence on the part of the Doctors and medical staff of respondent