C.R.P. 168/2024 p. 1 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 168/2024 GEETA .....Petitioner Through: Mr. Paran Kumar, Advocate. versus MAHIPAL YADAV .....Respondent Through: Ms. Madhulika Goel, Advocate. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 04.12.2025 CM APPL. 57573/2025 & CM APPL. 65074/2025 (for exemption) Exemption allowed, subject to all just exceptions. The applications stand disposed of. CM APPL. 65073/2025 (for early hearing of CM APPLs. 57571- 57573/2025) 1. This application is for early hearing of CM APPL. 57571/2025, which has been filed by the petitioner for recall of the order dated 09.07.2025, and CM APPL. 57572/2025 for stay of the impugned orders dated 19.02.2024 and 31.07.2025. 2. Ms. Madhulika Goel, learned counsel for the respondent, is present in Court, and the applications are taken up for hearing with her consent. 3. The application is allowed, and CM APPLs. 57571-57572/2025 are taken up for hearing. 4. The application stands disposed of. 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 08/12/2025 at 11:35:39 C.R.P. 168/2024 p. 2 CM APPL. 57571/2025 (for recall of order dated 09.07.2025), CM APPL. 57572/2025 (for stay) & C.R.P. 168/2024 5. The captioned revision petition was directed against an order dated 19.02.2024 in CS DJ No. 369/2022, by which the Trial Court granted conditional leave to defend to the petitioner – defendant in a suit filed by the respondent – plaintiff under Order XXXVII of the Code of Civil Procedure, 1908 [“CPC”]. The condition imposed was that the defendant would deposit an FDR of Rs.4,00,000/-, i.e. 50% of the claimed amount, within two months from the date of the order. 6. When the petition was first taken up for hearing on 27.05.2024, the Court issued notice and stayed the impugned order with regard to deposit, but permitted the Trial Court to proceed further with the trial. 7. The trial thus proceeded without deposit, and on 09.07.2025, the petition was disposed of on the statement of learned counsel for the petitioner that it had become infructuous. Mr. Paran Kumar, learned counsel for the petitioner, contends that this submission was made in error, as the disposal of the petition, without setting aside the impugned order, resulted in revival of the condition of deposit without any adjudication on merits. 8. Learned counsel for the parties state that proceedings before the Trial Court have now reached the stage of evidence. The defendant has filed an application for extension of time to comply with the condition imposed by the impugned order, which also remains pending before the Trial Court. 9. In the interest of expeditious adjudication of the suit, rather than being embroiled in litigation against the order dated 19.02.2024, learned 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 08/12/2025 at 11:35:39 C.R.P. 168/2024 p. 3 counsel for both parties have agreed that the order may be modified and leave to defend may be granted to the petitioner upon deposit of an FDR of Rs.2,00,000/-. 10. The order dated 09.07.2025 is therefore recalled by consent, and the revision petition is restored to the file of this Court. 11. The revision petition is disposed of with the following directions, also with the consent of learned counsel for the parties: a. The impugned order dated 19.02.2024 is modified to the extent that leave to defend is granted to the petitioner, subject to the condition of depositing an FDR of Rs.2,00,000/- before the Trial Court. b. I am informed that the next date of hearing before the Trial Court is 15.01.2026. The FDR be deposited before the Trial Court on or before the said date, failing which the Trial Court will be entitled to proceed in accordance with Order XXXVII Rule 3(6)(b) of the CPC. 12. In view of the above, no other contentions are required to be adjudicated. 13. The revision petition, alongwith pending applications, is disposed of with these directions. PRATEEK JALAN, J DECEMBER 4, 2025 ‘pv/KA’/ 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 08/12/2025 at 11:35:39