MANOJ RATILAL PURABIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is preferred against following order passed by the learned Single Judge on 19.04.2010 :-

(2.) Learned Advocate for the appellant submitted that the order is passed on some gross misunderstanding. In fact Ms.Ajmera, was to retire and learned Advocate for the appellant was to replace her. Learned Advocate for the appellant himself needed some time to be properly instructed. Somehow, learned Single Judge dismissed the matter for non prosecution which has affected the right of the appellant adversely for no fault on his part and without examining the merits. Learned Advocate, therefore, submitted that the order may be set aside. He has also requested that in light of narrow question, the matter may be heard finally. Learned AGP also agrees to the proposition of hearing the matter finally.

(3.) Appeal admitted. We have examined the record of Special Civil Application. Notice of Ms.R.V.Acharaya is nowhere in picture requesting Mr.G.Ramkrishnan, but he appeared before the learned Single Judge to say that he needed time to have detailed instructions. It has been practice followed for a long time that where any advocate has instructions to appear and who is not able to file appearance on the returnable date, learned Advocate would mention and then later on file appearance which has been ordinarily accepted by this Court. Order impugned does not deal with the merits of the case and is dismissed for non prosecution. In this set of circumstances, we are of the view that let justice be done to the parties in its true sense and spirit. Order impugned, therefore, is hereby set aside. Special Civil Application No.3752 of 2010 is restored to its original number. Let it be heard by the learned Single Judge as per roster. The appeal stands allowed accordingly. No costs. As the appeal is allowed, Civil Application stands disposed of.