CHANDUBHAI JADAVBHAI KORAT Vs. HARISHBHAI VALLABHBHAI PATEL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed challenging the order passed by the 15th Additional Senior Civil Judge, Surat dtd. 16/4/2022 in Re-filed Application No. 190 of 2019, whereby the Court has restored the suit, which came to be dismissed for non-prosecution on an application given by the original plaintiffs with an order to pay the cost of Rs.3,000.00.

(2.) The petitioners are original defendant Nos. 39 to 44, who challenge the said order on the ground that the day on which issues were framed, the plaintiff was aware of the proceedings and despite that, subsequent thereto he did not appear, and therefore, suit came to be dismissed for non-prosecution.

(3.) It is further submitted that the conduct of the plaintiff in not proceeding with the suit, which is of the year 2009 and consequently for five adjourned dates, plaintiff, whose evidence was to be recorded, did not remain present and subsequently his advocate also retired from the matter, and therefore, the suit which is ordered to be dismissed for default may not be restored.