MALDE VEJA KARAVADRA Vs. RAMABHAI VEJA KARAVADRA

JUDGEMENT

(1.) Regular Civil Suit No.53 of 2012 was filed before the learned Principal Senior Civil Judge, Jamnagar between brothers with relief of partition and possession of joint Hindu family. On variance of jurisdiction both territorial and pecuniary, the said suit was transferred to Taluka Court, Lalpur and re-numbered as Regular Civil Suit No.23 of 2015. Learned Principal Senior Civil Judge, Lalpur after registering the suit, issued notice to the learned advocate for the plaintiff, but learned advocate did not remain present. Consequential effect was that the suit came to be dismissed for default. Therefore, present petitioner has moved before this Court seeking relief of restoration.

(2.) In utter fairness, learned advocate Mr.Rachh for the petitioner would submit that present petition is not maintainable as the petitioner was required to avail remedy available under CPC for restoration of suit but requests that since time has passed and if the petitioner is relegated before learned Trial Court for filing restoration application, the plaintiff would run into hook and relief of the partition claimed by the plaintiff would be deferred for long time and fresh channel of litigation would be started.

(3.) Learned advocate Mr.Vandan Baxi for respondent no.1 supported the case of the petitioner.