VIPUL GOPALBHAI DARJI Vs. BHAVNABEN MUKESHBHAI PATEL

JUDGEMENT

(1.) This appeal under section 104 r/w. O.43 R.1(r) of the Civil Procedure Code, 1908 (CPC) is filed assailing the order dated 30.10.2018, passed by the learned 6th Additional Senior Civil Judge, Surat below exh. 1 in Civil Misc. Application No. 143 of 2018, whereby, the learned trial Judge dismissed the said application for restoration of Special Civil Suit No. 64 of 2014, which was dismissed for default by an order dated 30.07.2018.

(2.) Facts in nutshell of the case on hand are that the present appellant - original plaintiff filed a suit being Special Civil Suit No. 64 of 2014 for declaration and permanent injunction and cancellation of sale deed through power of attorney - Baria Dhirajsinh Laxmansinh. However, since the said power of attorney began to act against the interest of the appellant - plaintiff, the appellant - plaintiff eventually cancelled the said power of attorney on 08.07.2015 and appointed new power of attorney namely Sudhaben Gopalbhai Darji in the suit. However, the earlier power of attorney holder was insisting the appellant - plaintiff to retain him as a power of attorney. He even did not handover the papers to the appellant and hence, the appellant - plaintiff had to arrange for documents from various offices. It is the case of the appellant - plaintiff that on 26.07.2018, the matter was on board at the stage of framing Issues. On the said date, adjournment application was given, which came to be rejected and the suit was posted on 30.07.2018. On that day, adjournment application given by the appellant - plaintiff came to be rejected. Also, the learned trial Judge dismissed the suit for default under O.9 R.3 of the CPC. The appellant - plaintiff also moved a Civil Misc. Application No. 143 of 2018 for restoration of the suit, however, the same also came to be dismissed vide order dated 30.10.2018 by the learned trial Judge and hence, this appeal.

(3.) Heard, learned advocate Mr. J. H. Singh for the appellant - original plaintiff and learned advocate Mr. A. M. Parekh for the respondent - original defendant.