MANISH MOHANLAL SHAH (CHOPRA) Vs. MANHER SUKHLAL PATEL

JUDGEMENT

(1.) RULE . Learned Advocate Mr.Manish R.Raval waives service of Rule on behalf of the respondent.

(2.) PRESENT is the case wherein the petitioner original applicant defendant in Summary Civil suit No.2357 of 2004 is before this Court being aggrieved by order passed in Civil Misc.Application No.509 of 2004 (for restoration) by the learned Judge, City Civil Court No.15, Ahmedabad dated 05.01.2007, whereby the learned Judge was pleased to dismiss the application with costs.

(3.) LEARNED Advocate, Mr.Shah, for the petitioner invited attention of the Court to the contents of Civil Misc.Application No.509 of 2004, wherein it is set out that on 06.10.2004, summons were served through bailiff, but all of a sudden, the petitioner was required to leave for Rajasthan on the dame day as he received a message that his brother -in -law has suffered an attack of paralysis. The petitioner returned to Ahmedabad on 26.10.2004, on that very day, he met with an accident and for treatment, he was required to be in -door patient from 27.10.2004 to 30.10.2004 and later on, for further treatment, he was again required to be in -door patient from 06.11.2004 to 10.11.2004. On 17.12.2004, the Court passed an ex parte decree in Summary Civil Suit No.2357 of 2004. It is against that decree that the application was filed praying that the ex parte decree be set aside and the suit be tried after giving necessary opportunity. It is this application which is rejected and that order is under challenge. The learned Judge has observed in paragraph No.7 of his judgment and order as under: