NARESH SUKHDEV SINDHE vs SEEMA BAWEJA & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 03.12.2025 Judgment pronounced on:05.12.2025 FAO 498/2017 NARESH SUKHDEV SINDHE .....Appellant Through: Mr. Karan Luthra, Mr. Yogesh Malik, Advocates. versus SEEMA BAWEJA & ANR .....Respondents Through: Mr. S A Khan, Adv. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present Appeal under Order XLII Rule 1 read with Section 104 of the Civil Procedure Code, 1908, (the CPC) assails the correctness of the orders dated 19.10.2016 and 28.08.2017 in Civil Suit No. 609215/2016 on the file of the learned ADJ, West Delhi, Tis Hazari Courts.. The trial court, vide order dated 2017. 2. In this appeal, the parties herein shall be referred to in the same rank as they are arrayed in the original suit. 3. Brief facts necessary for the adjudication of this appeal are as follows:- The suit was posted for arguments on the issue of maintainability on 19.10.2016. On the said date, neither the plaintiff nor his counsel was present in the court, even though the case was called multiple times. Hence, the trial court proceeded to dismiss the suit for non-prosecution. Subsequently, the plaintiff fi