In a petition filed before the Delhi High Court to challenge an order dated 20-11-2025 passed by the Trial Court, whereby the petitioner’s application under Section 151 of the Code of Civil Procedure, 1908 (CPC) was dismissed with cost, whereas another application under Order VII Rule 14, CPC was allowed subject to cost, a Single Judge Bench of Justice Girish Kathpalia held the petition to be frivolous and dismissed the same with cost while refusing to interfere with the impugned order.
The application filed under Section 151 was regarding objections to an adjournment sought by the defendant’s counsel on false grounds. When the petitioner was called upon to address the application, he was unable to describe its contents. Hence, the Trial Court opined that the application was frivolous and dismissed the same with a cost of Rs. 2000/-.
The petitioner had appeared in person and was offered an adjournment so that he could engage a private or legal aid counsel. However, he rejected the offer and insisted on appearing in person. The petitioner submitted that he attempted to explain the contents of the application to the Trial Court but was not heard.
The Court noted that no other submission was made by the petitioner and stated that the manner and contents of the subject application showed that an advocate had drafted the same. It was said that when advocates find it difficult to address their application, they make the litigant appear in person.
The Court did not find any infirmity in the impugned order regarding the dismissal of the application under Section 151. Further, regarding the application filed under Order VII, Rule 14, CPC, the Court refused to interfere with the cost levied on the petitioner for the delay in filing additional documents.
Thus, the Court held the present petition not only devoid of merit but also frivolous and dismissed the same with a cost of Rs. 10,000/- to be deposited by the petitioner with the Delhi High Court Legal Services Committee within a week.
Appearances:
For Petitioner – Party-in-person
For Respondent – None
