HASMUKHBHAI MANIBHAI PATEL Vs. NAYANKUMAR MAHENDRABHAI PATEL

JUDGEMENT

(1.) This petition is directed against the order dtd. 16/6/2021 passed in CMA no.28 of 2021 and order dtd. 19/2/2021 in RCS No.411 of 2016 by which the learned 3rd Additional Civil Judge, Anand refused to condone the delay caused in referring the restore application.

(2.) The suit was filed by the petitioner herein for declaration and injunction and after first phase of the Covid-19, despite the direction given by the Court below to lead the evidence the petitioner did not proceed with the matter as a result vide order dtd. 19/2/2021 the suit was ordered to be dismissed for want of prosecution. In order to restore the suit the application for restoration was moved along with the delay condone application being CMA No.28 of 2021. The learned Court below, did not consider the reasons for condonation of delay occurred in filing the restoration application and the same was rejected. Being aggrieved with the aforesaid orders the petitioner original plaintiff has come up before this Court.

(3.) Heard learned counsel Mr.C.B.Dastoor and A.B.Gateshaniya for the respective parties.