PRADEEP KUMAR KAPOOR vs MUNICIPAL CORPORATION OF DELHI AND ANR

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 12.12.2025 + FAO 345/2025, CM APPL. 78701/2025& CM APPL. 78702/2025 PRADEEP KUMAR KAPOOR .....Appellant Through: Mr. R.K. Shukla, Advocate. versus MUNICIPAL CORPORATION OF DELHI AND ANR .....Respondents Through: Mr. Gaganmeet Singh Sachdeva, Standing Counsel, Mr. Hridyesh Khanna, Mr. Harshpreet Singh Sachdeva and Ms. Devika Mehra, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) 1. This appeal under Order XLIII Rule 1 of the Civil Procedure Code, 1908 (the CPC) has been filed by the plaintiff in Misc. DJ No. 3756/2024 on the file of the Court of District Judge- 04, Patiala House Courts, New Delhi, aggrieved by the order dated 02.09.2025 by which his application for restoration of the suit and condonation of the delay of 1890 days was dismissed. 2. In this appeal, unless otherwise specified, the parties shall be referred to as described in the plaint. Signature Not Verified Signed By:KOMAL FAO 345/2025 Page 1 DHAWAN Signing Date:16.12.2025 11:45:13 3. The plaintiff filed CS No. 59208/2016 seeking recovery of damages, compensation, permanent and mandatory injunction against the defendant, namely, MCD. According to the plaintiff, he was an employee of the defendant who had initiated illegal and malafide disciplinary proceedings against him. Hence, CS 971/2012 for recovery of damages and compensation to the tune of ₹50,00,000/- along with the interest and costs was filed. Initially, the suit was filed before this Court. Thereafter, vide order dated 22.01.2016, the case was transferred to the district court in view of the change in pecuniary jurisdiction. Thereafter, when the matter came up before the trial court on several dates, the plaintiff never appeared, and hence the suit was