JASHBHAI BHAILALBHAI PATEL Vs. BABUBHAI SAVJIBHAI BAJARIYA

JUDGEMENT

(1.) Rule.

(2.) This petition under Articles 226/227 of the Constitution of India is filed by the petitioners - original plaintiffs against an order dtd. 12/10/2017 passed in Delay Application No. 142/2017 by the learned 6th Additional Senior Civil Judge, Vadodara. By the said application, the petitioners - plaintiffs had prayed for to condone the delay of 2 years and 29 days caused in preferring the restoration application to restore the suit being Regular Civil Suit No. 1093 of 1998, which came to be dismissed for default for want of prosecution by an order dtd. 12/3/2015.

(3.) Facts in nutshell of the case on hand are that the petitioners - plaintiffs filed the aforesaid Regular Civil Suit No. 1093 of 1998 for declaration and permanent injunction qua the suit property against the respondents - defendants. The said suit came to be dismissed for default, for want of prosecution vide order dtd. 12/3/2015. Since there was delay of about 2 years and 29 days in preferring an application for restoration of the suit, the petitioners - plaintiffs filed an application for condonation of delay, which came to be rejected vide impugned order dtd. 12/10/2017 and hence, this petition.