VIDYALAXMI ALIAS Vs. DAYABEN

JUDGEMENT

(1.) This is an application filed by the applicants on 16-10-92 for restoring their main C.R.A. No.1541 of 1980. which was dismissed for default by an order dated 15-10-92. On 21 the learned advocate Shri S.K Zeveri for the application has sworn his affidavit in this Application. The learned advocate filed an urgent note on 29-10-93 by addressing the Registrar of this Court to direct the office to place it on 1 for orders. However the office has placed this Application for orders before me today.

(2.) The learned advocate Shri S. K. Zaveri for the applicants submitted that the main C.R.A. was fixed for hearing on 14-10-92 but it could not be taken up for hearing by the court on that day and the same was adjourned to 15-10-92 and on that day the learned advocate Shri S. K. Zaveri had no personal knowledge about the matter being placed this court at 2.45 P.M. in the Chamber and as one C.R.A. No. 1783 of 1985 was part heard before Justice R. D. Vyas he could not remain present before this court at 2.45 P.M. on 15-10-92. and in his absence the matter was dismissed for default. Thus sufficient cause has been made out for restoring main C.R.A. and accordingly it may be restored. In support of his submission. he has drawn my attention to para 1 of this Application. In para I of this Application it has been stated that; the applicants submit that the above matter was fixed for hearing on 14th October 1992. The matter could not be taken up and the matter was adourned to 15th October 1992. The advocate Mr. S. K. Jhaveri had no personal knowledge about the matter had been fixed at 2.45 before Justice Mr. B. J. Shethna in the Chamber and the matter of Civil Revision Application No.1783 of 1985 was part heared before Justice R. D. Vyas he could not remained present at 2.45 on 15th October 1992. Therefore the Honble Court has dismissed the matter for want of prosecution.

(3.) Before dealing with the aforesaid contention raised by Mr. Zaveri I would like to reproduce my order dated 15-10-92 passed in C.R.A. No. 1541 of 1980 which is as under: