SHRI TAPI BRAHMACHARYASHARAM SABHA Vs. BHAGVATIBEN ARVINDBHAI BHAGAT

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 21/12/2019 passed below Exh.1 by the Appellate Court below i.e. 8 th Additional District Judge, Ankleshwar in Regular Civil Appeal No.51 of 2018, whereby the Appellate Court below has disposed of the appeal under Order 9, Rule 3 & 5 of the Code of Civil Procedure, 1908 in absence of the parties. The said appeal is against the order dtd. 11/5/2018 passed in Civil Misc. Application No.1 of 2017 (for restoration of Special Civil Suit, which was dismissed for default) by the Principal Civil Judge, Netrang, rejecting the said application.

(2.) Rule. Learned advocate Mr. Dipen Dave waives service of notice of rule on behalf of contesting respondent No.1.

(3.) Learned advocate Mr.J.M. Patel for the petitioner. He has submitted that the appellate Court below rejected the application for condonation of delay of 12 days only on very hyper technical grounds by resorting to the presumption and assumption and by considering the conduct of the petitioner which is not permissible under the law. He has submitted that the petitioner is a Trust and is fighting at various places since long. The office of the petitioner Trust is situated at Surat and therefore, there is some mistake committee on behalf of the advocate appearing for the petitioner in pursuing the litigation. He has submitted that the proceedings should be decided on its own merits, instead of rejecting by taking hyper technical view in such matters, more particularly, there is no huge delay.