$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010325232023 + CM(M) 1338/2023 & CM APPL. 12448/2026 SAMEER MALIK .....Petitioner Through: Mr. Gaurav Gaur and Ms. Meghna Bali, Advs. along with petitioner. versus MS. ROSY BHANDARI NEE ROSY JAIN & ANR. .....Respondents Through: Mr. S.N. Choudhri, Mr. Sudee Jain and Mr. Deepak Khattar, Advs. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 10.08.2026 1. Through the present petition, the petitioner seeks to assail the order dated 22.02.2023 passed by the learned ADJ-05 Central, Tis Hazari in CS DJ 384/2021 whereby the petitioner/plaintiff’s suit came to be dismissed in terms of section 35B and Order IX Rule 12 of the Code of Civil Procedure, 1908. 2. The petitioner/tenant instituted the underlying civil suit against the respondent/ landlady seeking recovery of Rs.34,66,296/- on account of recovery of deposit and loss of business opportunities due to damages in furniture and dilapidated condition of the suit property. The respondent filed their written statement thereto stating inter-alia that the suit is a frivolous counterblast to the respondent’s suit for ejection and recovery. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2026 at 11:02:19 3. On 21.09.2022 the learned trial court imposed cost of Rs.5,000/- on the petitioner for non-filing of replication, and the matter was adjourned for 07.12.2022. It is stated that on 07.12.2022, the petitioner did not appear in person due to some health-related issues, and the court adjourned the matter to 22.02.2023 after imposing costs of another Rs.5,000/-. The petitioner then filed applications seeking waiver of the costs, and sine die adjournment due to the numerous health related issues of the petitioner, and annexed supporting medical documents thereto. 4. These applications came to be dismissed vide the impugned order dated 22.02.2023 whereby the learned trial court noted that the applications were not signed by either the petitioner or the main counsel and an advance copy of the same had not been served to the respondents. Furthermore, the learned trial court noted that the applications contained vague averments entirely unsubstantiated by the annexed medical documents. 5. The learned counsel for the petitioner has submitted that the learned trial court has erred in not considering the reasonable cause for the petitioner’s absence and has further erred in failing to appreciate that the petitioner suffers from severe medical ailments, and thus, petitioner’s absence was beyond his control. 6. He further submits that the learned trial court has erred in closing the substantial right of the petitioner by dismissing the suit on grounds of non- payment of costs, and absence from the court, which are clearly rectifiable procedural grounds. 7. This Court is of the opinion that a balance needs to be struck between maintaining the substantial rights of parties, while ensuring deterrence from sharp practices and disobedience of a court’s directions. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2026 at 11:02:19 8. Upon Court’s query, Mr. S.N. Choudhri, learned counsel appearing on behalf of the respondents, states that he has no objection to the restoration of the suit, subject to payment of cost. 9. Accordingly, the petition stands allowed and the suit is directed to be restored to its original number subject to payment of total cost of Rs.2,00,000/- out of which Rs.1,00,000/- is payable to the respondents herein, Rs.50,000/- payable to the Delhi High Court Bar Association [Account bearing No. 15530100000478 (IFSC Code: UCBA0001553) maintained with the UCO Bank, Delhi High Court] and remaining amount of Rs.50,000/- is payable to the Delhi High Court Staff Welfare Fund [Account No. 15530110074442; IFSC : UCBA0001553] within a period of two weeks from today. 10. The pending applications, if any, also stand disposed of. AJAY DIGPAUL, J AUGUST 10, 2026/AS/sg This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2026 at 11:02:19