SOMABHAI RAMSINH BARIYA Vs. YUSUF MOIZBHAI PILOTWALA

JUDGEMENT

(1.) Mr. Bhalodi submitted that after withdrawing Special Civil Application no.12153/19 on 26/7/2019 since the petitioner had sought permission to file appropriate application before the Tribunal, the matter came to be disposed of as withdrawn. Mr. Bhalodi submitted that Special Civil Application was filed since MACP no.832/17 came to be dismissed for default while after withdrawing Special Civil Application no.12153/19, under the liberty so granted, MACMA no.132/21 was moved before the MACT (Aux), Dahod at Limkheda under Order 9 Rule 13 of the CPC for restoration of the claim petition.

(2.) Referring to the judgment in the case of Bharatbhai Narsinghbhai Chaudhary & Ors. v. Malek Rafik Malek Himmatbhai, reported in 2011 (2) GLR 1324, it is submitted that the Court had no power to dismiss the claim petition without deciding the case on merits and secondly even after the dismissal, if any restoration application is preferred, then the Tribunal should allow such application and restore the claim petitions so as to fortify the object of the benevolent legislation.

(3.) In the case of Bharatbhai Narsinghbhai Chaudhary & Ors. v. Malek Rafik Malek Himmatbhai, reported in 2011 (2) GLR 1324, the Court has observed that the Tribunal has no power to dismiss the claim petition for default. It would be incumbent upon the Tribunal to issue a notice to the claimants and the Advocates appearing on record after framing of the issues for providing the Affidavit in the form of examination-in-chief supported by the documents.