GANGABEN JESANGBHAI PARMAR Vs. NANJIBHAI SAGRAMBHAI CHAUDHARY

JUDGEMENT

(1.) The Civil Application No.2 of 2018 has been filed by the applicant ­ Vitthalbhai Maganbhai Parmar, claiming to be the power of attorney holder of the applicants/ original appellants, seeking condonation of delay of 365 days occurred in filing Misc. Civil Application No.1 of 2018, which has been filed for restoration of Second Appeal No.238 of 2015. The Misc. Civil Application No.1 of 2018 has been filed by the said Vitthalbhai Maganbhai Parmar for recalling of the order dated 11.09.2017 passed by the Court in Second Appeal No.238 of 2015, by which the Court had permitted the learned Counsel Mr.Y.N.Ravani appearing for the opponent no.3 (Original Appellant No.1.4) to withdraw the Second Appeal. The Civil Application seeking condonation of delay has been resisted by the opponent no.3 Lalitbhai Jesangbhai by filing an affidavit in reply on 11.01.2019.

(2.) Earlier, the Court, after hearing the learned advocates for the parties on the Civil Application, had prima facie found that the present opponent no.3 ­original appellant No.1.4 ­ Lalitbhai Jesangbhai Parmar had played mischief while withdrawing the Second Appeal, by misrepresenting before the Court that the other appellants i.e. present applicants were permitted by the Court to be transposed as the party respondents and that he was the sole appellant in the Second Appeal. The Court therefore taking a serious note of the said fact, had directed the opponent no.3 Lalitkumar Jesangbhai Parmar vide order dated 18.10.2019 to file an affidavit explaining the entire situation observed by the Court in the said order. For ready reference, the said order dated 18.10.2019 is reproduced as under:

(3.) In view of the said order, the said opponent no.3 ­Lalitbhai has filed an affidavit on 25.10.2019. The said Lalitbhai has also subsequently filed an additional affidavit on 28.11.2019.