DIVAY BHASIN vs SHARAD KUMAR SACHAN

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10.07.2025 + C.R.P. 193/2025 DIVAY BHASIN .....Petitioner Through: Mr. Vipin Dilawari, Adv. versus SHARAD KUMAR SACHAN .....Respondent Through: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM Appl. 40109/2025[Exemption from filing certified copies] 1. Allowed, subject to just exceptions. 2. The Application stands disposed of. C.R.P. 193/2025 3. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] impugning the order dated 22.04.2025 passed by the Senior Civil Judge, West District, Tis Hazari Court, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the learned Trial Court has dismissed the suit filed by the Petitioner for non-appearance as well as for non-compliance of the previous order. 4. Learned Counsel for the Petitioner submits that the Petitioner [Plaintiff before the learned Trial Court] had already placed on record his evidence by way of affidavit but the Petitioner was unable to appear on 22.04.2025 since he was travelling. He seeks to rely upon the copies of the passport, tickets and visa as filed with the Petitioner in this behalf. Learned Signature Not Verified Digitally Signed C.R.P. 193/2025 Page 1 of 2 By:RAHUL Signing Date:12.07.2025 05:00:47 Counsel for the Petitioner further submits that thus, an adjournment was sought on 22.04.2025 in view of the program for international travel of the Petitioner/Plaintiff. 5. The record of the learned Trial Court reflects that the Respondent was proceeded as ex-parte on 07.12.2024 and the matter was fixed for evidence of the Petitioner on 15.02.2025. However, a request for an adjournment was also sought on that date. Thus,