NATWARBHAI CHHAGANBHAI PATEL Vs. AMARTBHAI DHIRUBHAI PATEL

JUDGEMENT

(1.) Present Appeal From Order under Order 43 Rule 1(T) of the Code of Civil Procedure, 1908, has been preferred by the appellant - original plaintiffs / applicants against the order dtd. 25/09/2020 passed by the learned Principal District Judge, Navsari below restoration Application No.50 of 2019 in Regular Civil Appeal No.14 of 2012 rejecting the application for restoration of the Regular Civil Appeal No.14 of 2012 which came to be dismissed for default vide order dtd. 09/02/2018.

(2.) According to the case of the appellants, the appellants are original defendants in Special Civil Suit No.2 of 2004 filed by the original plaintiffs - respondents herein in the Court of learned Principal Senior Civil Judge, Gandevi, as the Chhaganbhai Makanbhai and defendants tried to take possession forcibly of the plaintiffs. During the pendency of the suit, Chhaganbhai Maganbhai Died and due to certain technical defects, the plaintiffs withdrawn Regular Civil Suit No.77 of 2002 and thereafter the present Special Civil Suit No.2 of 2004 came to be filed by the plaintiffs.

(3.) On service of the summons, the respondents appeared through advocate and filed written statement at Ex.19. The aforesaid Special Civil Suit No.2 of 2004 came to be allowed by the learned Principal Senior Civil Judge, Gandevi vide judgement and decree dtd. 2/2/2012.