THAKOR IBRAHIMKHANJI AHMEDKHANJI Vs. MUMTAZBIBI SHERMOHAMMADKHANJI THAKOR

JUDGEMENT

(1.) The present petition is filed by challenging the judgment and order below Exh.173 on 12/10/2022 passed in New Regular Civil suit No.3 of 2018, whereby the learned trial Court has dismissed the application filed under Order 1 Rule 10 by the petitioner for want of prosecution.

(2.) In the first session, when this Court heard learned advocate Mr.Dhruv K Dave for the petitioner and pointed out that considering the order and considering the fact that the application filed under Order 1 Rule 10 to implead the present petitioner as party is dismissed for default for want of prosecution, the Court is not prima facie convinced with the averments made in the petition, learned advocate for the petitioner has prayed time to take further instructions and requested to keep back the matter.

(3.) When the matter is called out in the second half, learned advocate for the petitioner is not present. Therefore, the matter is considered and decided on merits.