PANKAJKUMAR CHUNILAL KACHA Vs. BHIMABHAI RAJABHAI JALU

JUDGEMENT

(1.) The present petition is filed by the petitioner - original plaintiff challenging the impugned order passed on 10/1/2022 below Civil Misc. Application No.1351 of 2019 in Regular Civil Suit No.120 of 2015 by the 8th Additional Senior Civil Judge, Rajkot, by which, the application for condonation of delay in filing application under Order IX Rule 9 of the Code of Civil Procedure, 1908 is rejected.

(2.) The brief facts of the case of the petitioner are as under :

(3.) Heard Mr. Pratik Jasani, learned advocate for the petitioner. He has drawn the attention of this Court towards the averments made by the petitioner before the trial Court that the petitioner has specifically contended there that petitioner came to know about the dismissal of suit recently and immediately he has filed an application for restoration of the said suit. It is also prayed in the application that the petitioner is not having any knowledge about the provisions of law. He has further submitted that the trial Court has taken hyper technical approach in rejecting the delay condonation application in preferring restoration application, whereby the suit filed by the present petitioner is dismissed on the technical ground. He has submitted that subject matter of the suit is about sale transaction of the property in question and if the suit is dismissed on such hyper technical ground, the present petitioner will suffer irreparable loss and also his rights will be prejudiced. He has further submitted that due to some mistake committed by the lawyer, the litigant should not be suffered. However, he has fairly admitted that even the application for condonation of delay is not happily drafted. He has submitted that in the peculiar facts, one more opportunity may be given to the present petitioner, by imposing appropriate cost.