KIRANKUMAR RANCHHODBHAI Vs. HIRABEN WD O GANIBHAI

JUDGEMENT

(1.) The petitioners-original plaintiffs- landlords are before this Court being aggrieved of the order passed by the Small Causes Court No.3, Ahmedabad, below Exh.33, i.e. Misc. Civil application No.743 of 1996, which was allowed and the learned Judge was pleased to quash and set aside the decree passed in HRP Suit No.1866 of 1987 dated 18th October 1995 and restored the suit on file at its original number. The learned Judge directed that the suit be posted for evidence of the plaintiffs on 01.01.1998. He also directed the parties to remain present on 01.01.1998 before the Court. The learned Judge was pleased to award cost of Rs.200/- to the opponents. This Revision Application was filed on 02.02.1998 and on 03.02.1998 the Court issued notice returnable on 23.02.1998. On 09.03.1998 this Court passed the following order: Rule. Let this matter be listed for final hearing on 20.03.1998.

(2.) However, the matter has reached final hearing only today, i.e. 25.11.2005.

(3.) Mr.Gandhi, the learned advocate vehemently argued that the learned Judge has committed an error in allowing the Misc. Civil application. He submitted that the learned Judge has erred when he considered that Misc. Civil Application No.743 of 1996 was filed within time, taking into consideration the fact that the applicant of that application, the respondent herein, the original defendant in HRP Suit had learnt about the decree passed in HRP Suit only on 12.07.1996 and they filed Misc. Civil application No.743 of 1996 on 05.08.1996.