MADANLAL RATHOD Vs. JITENDRABHAI DAYALJI MEHTA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dtd. 15/3/2022 passed by the Aux. Chamber Judge, City Civil Court, Court No.16, Ahmedabad City by which the learned Court appears to condone the delay of 535 days in filing the application under Order 9 Rule 4 of the CPC, for restoration of Civil Suit No.4875 of 1997.

(2.) Heard learned advocate for the petitioners. Though served, none has appeared on behalf of the respondents.

(3.) The father of the petitioners had filed civil suit bearing No.4875 of 2097 for declaration and injunction with respect to immovable property situated at Ahmedabad. The suit was dismissed for non-prosecution and order to this effect was passed on 27/2/2018. The application for restoration of civil suit was filed along with the delay condoned application as there was a delay of 535 days in filing the restoration application. During the pendency of the delay application being CMA No.560 of 2019, the father of the petitioner died. The petitioners, being legal heirs of the deceased plaintiff, submitted applications vide Exhs.16 and 19 to set aside the abetment and condonation of delay for bringing them on record and the same was allowed by the City Civil Court, vide order dtd. 22/12/2021. The learned Chamber Judge, City Civil Court, vide order dtd. 15/3/2022 rejected the delay condoned application, holding that there is no sufficient reason to condone the delay caused in filing the application as since last five months, the petitioners had knowledge about dismissal of the suit.