INDIAN CHURCH TRUSTEES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been preferred by the applicant-original petitioner to condone the delay of 2 years in filing the application for restoration of Special Civil Application (Stamp) No. 23026/2006, which came to be dismissed for non-prosecution on non-removal of the office objections.

(2.) Having heard the learned advocates appearing on behalf of the respective parties and considering the fact that the very order, which is impugned in Special Civil Application (Stamp) No. 23026/2006 is the subject matter of one another Special Civil Application No. 2671/2008, which is admitted by this Court, thus, the impugned order challenged in the main Special Civil Application is at large before this Court and keeping all the questions with respect to locus of the applicant and others open and so as to see that the applicant is not non suited on the technical ground of delay, the delay caused in preferring the restoration application is hereby condoned.

(3.) With this, the present application is allowed. Rule is made absolute accordingly.