CHITTRANJAN KANTILAL MODI Vs. VANKAR RAMA MEGHABHAI

JUDGEMENT

(1.) The present petition is filed under Article 227 of the Constitution of India with the following prayers:

(2.) Heard learned advocate Mr.Asthawadi for the petitioner, learned advocate Mr.Dhaval Shah for respondent no.4 and learned advocate Mr.Vimal Patel for respondent no.6. Respondent nos.1 and 7 have been deleted as they have expired during the pendency of the petition.

(3.) Learned advocate Mr.Asthawadi has drawn my attention towards the impugned order passed by the learned trial Court rejecting the application filed for restoration of the suit and submitted that no prejudice will be caused if the application is granted as sufficient cause is made out for restoration of the said suit. He submitted that the learned trial Court has taken hyper technical approach by considering various aspects of the matter but without properly giving the reasons for rejecting the application under Order 9 Rule 9 of the CPC which is essentially filed for restoration of the suit. He further submitted that the reasons given in the impugned order are not applicable and not required to be given as the application was for restoration of the main suit only.