Ramesh Kumar vs. Jiya Lal CMP.M No.1620 of 2025 21.08.2026 Present : Mr. Sudhir Thakur, Senior Advocate with Mr. Somesh Sharma, Advocate, vice Mr. Karun Negi, Advocate, for the applicant/petitioner. Mr. Akshay Katoch, Advocate vice Mr. Kulwant Singh Katoch, Advocate, for the respondent. CMP.M No.1620 of 2025 The applicant is seeking condonation of delay in filing the Civil Revision, whereas learned counsel for the respondent is vehemently opposing the prayer on the ground that the day-to-day delay, as required to be explained in law, has not been explained. Admittedly, in the Civil Suit No.124/1 of 2018 titled ‘Jiya Lal vs. Ramesh Kumar’ pending before the Trial Court, the applicant did not appear despite service of summons upon his family members, specifically his mother and he was proceeded ex parte vide order dated 10.09.2018. However, before the passing of final judgment in the Civil Suit, the applicant had filed an application under Order IX Rule 7 CPC along with an application under Section 5 of Limitation Act, at a stage when the suit was fixed for final arguments. These applications were dismissed by the Trial Court on 26.11.2024. Petitioner was also not permitted to join the proceedings, even at the stage of suit, as reached at the time of filing the applications. I am of the considered view that in such circumstances, the applicant could have been permitted to join the proceedings at the stage of final arguments, with the right to argue the matter on the basis of the material already available on record, but without any further concession of filing written statement or leading evidence or recalling witnesses etc. In view of aforesaid circumstances, the delay in filing the present Civil Revision is condoned, subject to payment of costs of Rs.10,000/- to the respondent-plaintiff by the petitioner-defendant before the Trial Court on next date i.e. 26.08.2026, the date already fixed before the Trial Court. Application is allowed and disposed of. CR No.117 of 2026 Be registered. Vide separate judgment of even date, present Civil Revision stands disposed of. (Vivek Singh Thakur) Judge 21st August, 2026 (Pardeep)