VIMLABEN A PATEL Vs. HITESHBHAI MULCHANDBHAI DOSHI

JUDGEMENT

(1.) Learned advocate Mr.Mehul S. Shah requested that taking into consideration the peculiar facts of this matter, the same be taken up for consideration.

(2.) The learned advocate for the petitioner invited attention of the Court to the order passed on 12th January 2010 by this Court (Coram: Hon'ble Smt. Justice Abhilasha Kumari). For ready perusal the order reproduced hereunder:

(3.) Today, when the matter is taken up for consideration, it is noticed that rule issued by this Court on the aforesaid date is served on 27.01.2010 qua respondent no.1; on 30.01.2010 qua the other respondents. Despite that the respondents have chosen not to cause any appearance in the matter. That being so, in their absence, at the request of Mr.Shah, learned advocate for the petitioners, the matter is taken up for consideration. Taking into consideration the peculiar facts of the case and the order passed below exh.16, the order which is under challenge is required to be quashed and set aside. Learned advocate Mr.Shah submitted that though the order was passed on 05.10.2009 below exh.16, whereby the plaint against the present petitioners- original defendants no.5 and 6 is rejected, the impugned order is passed against the present petitioners.