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MCA/1968/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 1968 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 4163 of 2007
=========================================================
RAMILABEN
WD/O. NATWARLAL BHAILALBHAI VANKAR - Applicant(s)
Versus
GANPAT
SANABHAI PARMAR & 5 - Opponent(s)
=========================================================
Appearance
:
MR
DN PANDYA for
Applicant(s) : 1,
None
for Opponent(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 08/07/2008
ORAL
ORDER
1. Heard
learned advocate Mr.D.N.Pandya for the applicant.
2. Present
application is filed with a prayer to restore the original first
appeal filed by the appellant. There is a delay of 21 days in filing
the restoration application.
3. It
is necessary to note that first appeal is dismissed for
non-prosecution on 25.3.2008 as the office objections were not
removed by the appellant on or before 25.3.2008. According to my
opinion, for condonation of delay, it is not necessary to issue
notice to the respondents because the respondents are not appearing
on caveat in the main appeal as well as in present application and
therefore, no interest accrued in favour of other side. Therefore,
according to my opinion, no notice is necessary for condoning the
delay of 21 days to the respondents.
4. Therefore,
without issuing notice to the respondents, appeal which was dismissed
because of office objections were not removed in time and considering
the averments made in this application, delay of 21 days is condoned
as sufficient cause is shown by the applicant and therefore, the
order passed by this Court dismissing the matter for non-prosecution
dated 25.3.2008 is recalled and main first appeal filed by the
applicant is restored to original file and time is extended for
removal of office objections for a period of one month from today,
failing which, again the first appeal will be dismissed in default
without reference tot he Court. Accordingly, present Misc. Civil
Application is allowed.
(H.K.RATHOD,J.)
(vipul)
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