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CDJ 2026 SC 255 print Preview print Next print
Case No : Civil Appeal No. 1478 of 2026 (Arising out of SLP (Civil) No. 6146 of 2026 Arising out of Diary No. 68939 of 2025)
Judges: THE HONOURABLE MRS. JUSTICE B.V. NAGARATHNA & THE HONOURABLE MR. JUSTICE UJJAL BHUYAN
Parties : Hero Cycles Limited & Another Versus Hero Ecotech Limited & Others\r\n
Appearing Advocates : For the Petitioners: ------ For the Respondents: ------
Date of Judgment : 10-02-2026
Head Note :-
Civil Procedure Code, 1908 - Order XXXIX Rule 2A read with Section 151 -

Comparative Citation:
2026 INSC 169,
Summary :-
Mistral API responded but no summary was generated.
Judgment :-

Nagarathna, J.

Delay in refiling is condoned.

2. Applications for (i) permission to file the petition; (ii) condonation of delay in filing the application for setting aside the abatement; (iii) setting aside the abatement; and (iv) substitution, are allowed.

3. Issue notice to the respondents.

4. Learned counsel, Mr. Sujoy Datta, AOR accepts notice for respondent Nos.1 and 2/caveator.

5. Leave granted.

6. This appeal is filed against the final judgment and order dated 03.09.2025 passed by the High Court of Judicature at Patna in Civil Misc. Jurisdiction Case No.1711 of 2019.

7. We have heard learned senior counsel for the appellants and learned senior counsel for the respondents.

8. The main grievance of the appellants is with regard to the setting aside of the order dated 07.09.2019 passed by the trial court in Title Suit No.5031/2014. For ease of reference, the relevant portion of the order dated 07.09.2019 is extracted as under:

                   "21. In view of the aforesaid discussions, the documents placed by the parties concerned and the submissions advanced by the respective learned counsels appearing on behalf the Plaintiffs and the Defendants, the Court is of the view that a contempt proceedings be initiated against the Defendants and the parties are directed to led evidence from their sides.

                   22. Office is directed to open a separate record for trial of the contempt proceeding. The trial of the contempt proceeding will proceed independently from Title Suit No.5031/2014. Both parties are further directed to make sincere efforts for early disposal of Title Suit No.5031/2014."

9. Learned senior counsel for the respondents submitted that the trial court did not adjudicate the application filed under Order XXXIX Rule 2A read with Section 151 of the Code of Civil Procedure, 1908 (for short "CPC") in accordance with law. Hence, the respondents were constrained to file the revision application under Article 227 of the Constitution of India before the High Court which has rightly set aside the order dated 07.09.2019 passed by the trial court.

10. On hearing the learned senior counsel for the respective parties and on perusal of the material on record, we note that the trial court had to adjudicate the application filed under Order XXXIX Rule 2A of the CPC in accordance with law.

11. In case the applicants who filed the said application(s) seek an inquiry into the matter, then both sides ought to be granted a reasonable opportunity in the inquiry to be conducted in case the said inquiry has not yet been completed.

12. In the circumstances, the impugned order of the High Court dated 03.09.2025 as well as the order of the trial court dated 07.09.2019 are set aside.

13. It is stated at the bar that pursuant to the impugned order of the High Court, the said application has been disposed of.

14. Consequently, in view of the fact that we are setting aside the impugned order of the High Court, the application filed under Order XXXIX Rule 2A of the CPC is restored on the file of the trial court.

15. The appeal is disposed of in the aforesaid terms.

Pending application(s), if any, shall stand disposed of.
 
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