SUBHASHCHANDRA KESHAVLAL PATHAK Vs. PRESIDENT MANAGING TRUSTEE SANCHALAK

JUDGEMENT

(1.) BY way of this Intra-Court Letters Patent Appeal, the appellant original petitioner has challenged the judgment and order dated 12.10.2006 passed by the Learned Single Judge in Special Civil Application No.21848 of 2006 whereby the Learned Single Judge dismissed the writ petition filed by the appellant original petitioner and confirmed the order dated 03.10.2006 passed by the Gujarat Affiliated Colleges Services Tribunal at Ahmedabad in Restoration Application No.1 of 2006.

(2.) WE have heard Mr. Jayraj Chauhan, learned counsel appearing for the appellant, Mr. N. J. Shah, learned Assistant Government Pleader appearing for respondent No.2 and Mr. H.J. Nanavati, learned counsel appearing for respondent No.4.

(3.) WE are of the view that the contention raised on behalf of the appellant regarding maintainability of the restoration application is required to be accepted in view of the fact that the respondent No.4 could not have preferred restoration application as the main application was not dismissed for default and the same was decided on merits. At the most, review application could have been filed. In that view of the matter, the present Letters Patent Appeal deserves to be allowed.