SHREE MALARA GROUP Vs. ASHWINBHAI HARILAL PADHARIYA

JUDGEMENT

(1.) The revision application seeks to assail the order dated 25.03.2019 rendered by the learned Principal District Judge, Kachchh at Bhuj in Civil Misc. Application No.39 of 2018; seeking condonation of delay of 929 days in preferring the Regular Civil Appeal to assail the judgment and decree rendered by the trial Court.

(2.) It appears that subject matter of the dispute in the suit is a commercial transaction between the parties. The petitioner herein in its written statement has disowned such transaction and has alleged collusion between the plaintiff and defendant No.2.

(3.) To defend the suit one Ms. P.Y. Soni came to be engaged as an advocate by the defendant No.1 who allegedly defaulted appearance in the case. It is stated that initially, in response to regular inquiry from the advocate, the defendant No.1 learnt that the suit was pending; however, eventually the defendant No.1-petitioner came to know that the suit was decreed in absence of the advocate Ms. P.Y. Soni and on being confronted with the said fact, she pleaded that advocate Mr. D.J.Gusai who jointly represented the petitioner failed to appear in the matter as a consequence of which the decree without hearing the petitioner was passed. This fact was known to the petitioner after about more than two years. It is the case of the petitioner that joint Vakalatnama with Mr. D.J.Gusai was filed by Ms.P.Y. Soni without knowledge and consent of the petitioner, and for such default, the proceedings against Ms. P.Y.Soni under the Advocates Act has been initiated and are pending consideration with the competent authority.