BHRAMAN NATVARLAL SUKHARAM Vs. RABARI JAMABHAI HARIBHAI

JUDGEMENT

(1.) This petition is filed by the petitioner - original plaintiff against the orders dtd. 9/8/2018 and 11/9/2018 passed in Misc. Civil Application No. 56 of 2018 in Regular Civil Suit No. 111 of 2016 by the learned Additional Civil Judge, Deesa, Dist.: Banaskantha as well as the order dtd. 30/9/2019 passed in Misc. Civil Appeal No. 17 of 2018 by the learned 2nd Additional District Judge, Deesa, Dist.: Banaskantha.

(2.) Brief facts of the case on hand are that the petitioner - plaintiff filed a suit being Regular Civil Suit No. 111 of 2016 against the respondents - defendants for declaration and permanent injunction, which came to be dismissed for default for wants of prosecution by an order dtd. 19/7/2018. The petitioner, therefore, filed restoration application being Misc. Civil Application No. 56 of 2018, which came to be allowed by an order dtd. 9/8/2018 and the suit of the petitioner - plaintiff ordered to be restored subject to petitioner pays cost of Rs.5,000.00 by 10/9/2018. Since, the petitioner could not pay the cost, a request was made to accept the money on 11/9/2018, however, the said application came to be rejected by the order of even date i.e. 11/9/2018. Against the said order, the petitioner - plaintiff preferred Misc. Civil Appeal No. 17 of 2018, which also came to be rejected as not maintainable by an order dtd. 30/9/2019 passed by the learned 2 nd Additional District Judge, Deesa. Hence, the grieved petitioner is before this Court.

(3.) Heard, learned advocate Mr. Jinesh Kapadia for the petitioner and learned advocate Mr. N. R. Desai for the respondent Nos. 1 to 4. Respondent No. 5 has refused service whereas, the respondent No. 6 is served by direct service, however, no appearance is made.