SH SURYA PRAKASH GUPTA vs N.S. CHAHAL AND ORS

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11.11.2025 FAO 307/2025 & CM APPLs. 70086/2025& 70087/2025 SH SURYA PRAKASH GUPTA .....Appellant Through: Mr. Bharat Sareen and Mr. Sonu Singh, Advocates Versus N.S. CHAHAL AND ORS .....Respondents Through: Mr. Sharique Hussain and Ms. Kirti Garg, Advocates for R-5. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Section 104 read with Order XLIII Rule 1 of the Civil Procedure Code, 1908 (the CPC), has been filed for assailing the Annexure A-1 order dated 27.09.2025 passed by the learned District Judge, New Delhi (the trial court) in Misc. DJ No. 544/2024, whereby the appellant's/defendant’s application under Order IX Rule 13 the CPC read with Section 151 of the CPC, and the accompanying application under Section 5 of the Limitation Act, 1963 (the Act) seeking condonation of delay, were dismissed. 2. The facts necessary for adjudication are-The respondent/plaintiff instituted a suit in 2013 seeking declaration and cancellation of a sale deed dated 17.05.2013 executed in favor of the appellant and for injunction. The suit was dismissed for non- prosecution o