BHAGWANBHAI GOVINDBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Letters Patent Appeal is filed against the order passed by the learned Single Judge in Misc.Civil Application No.215 of 2012 dated 10.02.2012 as well as order dated 16.01.2012 passed in Special Civil Application No.11400 of 1994. It is prayed in the Letters Patent Appeal that the aforesaid two orders (order dated 10.02.2012 and order dated 16.01.2012) be quashed and set aside and the Special Civil Application be restored on its original file with all attached order and here the same finally in the interest of justice.

(2.) Order dated 10.02.2012 is produced at Annexure-A, page Nos.F to I to this appeal memo. So far as order dated 16.01.2012 is concerned, it is reproduced in order dated 10.02.2012 in para-1. Order dated 10.02.2012 is passed in Misc.Civil Application No.215 of 2012 which was filed for restoration and the learned Single Judge, giving background of the matter, quoted order dated 16.01.2012.

(3.) Learned Advocate for the appellant herein submitted that order dated 16.01.2012 contains contradictory averments namely the opening sentence is that, None present for the petitioner..... , whereas the second sentence is that, Even as the petition was dismissed for default on an earlier occasion and restored, only an adjournment was sought on behalf of learned counsel Mr.R.C.Jani by learned counsel Mr.Pritesh Parikh..... . The order then proceeds to state that, Even as the matter has been called out twice during the course of the day and the petition is not even sought to be argued on merits, it is dismissed and Rule is discharged with no order as to costs..... .