KANTILALVAGHAJIBHAIBARAIYA Vs. KAILASHBENWD

JUDGEMENT

(1.) By this appeal under section 96 of the Code of Civil Procedure, 1908, the appellant has challenged the ex ?parte judgment and decree dated 31.12.2018 passed by the learned 17th Additional Senior Civil Judge, Surat (hereinafter also referred to as "the trial court") in Special Civil Suit No.157 of 2016.

(2.) Heard Mr. D.C. Dave, Senior Advocate, learned counsel with Mr. J.F. Mehta, learned advocate for the appellant, Mr. Mehul Suresh Shah, Senior Advocate, learned counsel with Mr. Manan Shah, learned advocate for respondents No.1 to 4 and Ms. Bhakti Joshi, learned advocate for respondent No.5.

(3.) Having regard to the fact that the trial court has passed the impugned judgment and decree ex parte, the learned counsel for the respective parties, on a consensus, agree that the impugned judgment and decree be set aside and the matter be restored to the file of the trial court at the stage of cross ?examination of the plaintiff No.3, and that having regard to the facts of the case, this court may set down a schedule so that the matter is proceeded with expeditiously.