IQBAL SINGH AND ANR vs ASHOK LAMBA AND ANR

Judgment text excerpt

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 30th April, 2025 + FAO 117/2025 & CM APPL. 25850/2025 IQBAL SINGH AND ANR .....Appellants Through: Mr. Sandeep Tyagi, Adv. versus ASHOK LAMBA AND ANR. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) CM APPL. 25851/2025 (EXMP.) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. CM APPL. 25852/2025 (DELAY OF 19 DAYS IN RE-FILING.) 3. For the reasons stated in the application and in the interest of justice, the application is allowed and the delay of 19 days is condoned. 4. The application stands disposed of. FAO 117/2025 & CM APPL. 25850/2025 5. The appellants have preferred the present appeal under Section 104 read with Order XLIII Rule 1(R) read with Section 151 of the Code of Civil Procedure, 1908 [“CPC”] for setting aside the impugned order dated 16.01.2025 passed by the learned District Judge-06 (Central), Tis Hazari Courts, Delhi [“Trial Court”] whereby Signature Not Verified FAO 117/2025 Digitally Signed By:PRAMOD Page 1 of 4 KUMAR VATS Signing Date:07.05.2025 17:51:22 the application of the respondents/plaintiffs under section 151 of the CPC was allowed and the suit bearing No. CS DJ/0616011/2016 titled as ‘Ashok Lamba v. Iqbal Singh & Ors.’ was restored. 6. No one is present for the respondents despite sending advance notice. 7. Having heard the learned counsel for the appellants and upon perusal of the record, this Court finds that the present appeal is bereft of any merits. In a nutshell, the suit filed by the respondents/plaintiffs was dismissed vide order dated 27.02.2023 for the non-appearance of the respondents/plaintiffs as well as their counsel. It appears that an application under Section 151 of the CPC