JADAVBHAI DEVJIBHAI PATEL Vs. PATEL CHHAGANBHAI DIYALBHAI

JUDGEMENT

(1.) Rule. Mr.B.M.Mangukia, learned advocate waives service of notice of Rule on behalf of Opponent Nos.1 to 4 and Mr.Mengdey, learned Assistant Government Pleader waives service of notice of Rule on behalf of Opponent Nos.5 & 6.

(2.) The present application has been preferred by the applicant original appellant to restore the main Appeal from Order No. 1 of 1998 along with Civil Application No.7 of 1998, which came to be dismissed for non-prosecution as at the time when the matter was called out, learned advocate appearing on behalf of the applicant was absent.

(3.) Having heard the learned advocates appearing on behalf of the respective parties and considering the averments made in the application, the application is allowed. Appeal from Order No.1 of 1998 along with Civil Application No.7 of 1998 are restored to file. Rule is made absolute to the aforesaid extent. No costs.