Judgment · High Court
Case at a glance
- Bench
- MANO
Outcome
Dismissed
In view of the above, the present petition is dismissed in default and for non-prosecution alongwith the pending application
Provisions considered
- Code of Civil Procedure, 1908 O. XXII r. 3
Key paragraphs
- Para 44. In view of the above, the present petition is dismissed in default and for non-prosecution along with the pending application. MANOJ KUMAR OHRI, J APRIL 8, 2026/na
Judgment
Cause title
IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9849/2019 RAJ KUMAR .....Petitioner Through:
None
versus
M/S HIMESH FOODS PVT. LTD. .....Respondent Through:
Mr.Abhinav Singh and Mr.Rishabh Mittal, Advocates
CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 08.04.2026
There is no appearance on behalf of the petitioner.
A perusal of the order dated 03.03.2021 passed by the learned Registrar would show that, on factum of death, an application under Order XXII Rule 3 CPC for brining on record the LRs of the petitioner was filed, however, the same remained under objection. The subsequent order dated 06.09.2021 passed by the learned Registrar also noted the same position and directed that the matter be listed as and when the needful steps are taken. The matter was thereafter taken up under the Special Mediation Drive as well as pursuant to the directions of the Case Flow Management Committee, Delhi High Court, on 23.07.2025 and 27.02.2026, respectively.
As per the office noting dated 20.03.2026, the notice issued to the petitioner through counsel was received back unserved, as he is no more the counsel in the present case.
Operative part
In view of the above, the present petition is dismissed in default and for non-prosecution along with the pending application. MANOJ KUMAR OHRI, J APRIL 8, 2026/na
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, the present petition is dismissed in default and for non-prosecution alongwith the pending application
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. XXII r. 3.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.