GOGANBHAI NATHABHAI Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD learned advocate Shri M.P. Dave for Shri R.R. Trivedi for the petitioner and learned advocate Ms. Fareena Hawa for Ms. Lilu K. Bhaya for the respondents.

(2.) IN this petition, the petitioner has challenged an order dated 16th December, 2005 passed by the Principal Senior Civil Judge, Gondal in Civil Misc. Application No.12/2005.

(3.) THE petitioner herein is plaintiff no.2 in the civil suit filed by him against the present respondents. The plaintiff no.1 has died during the pendency of the proceedings before the civil Court. The plaintiffs have lodged a claim for compensation against the respondents for death of one Haribhai Nathabhai. The proceedings came to be dismissed for want of prosecution. The petitioner sought restoration thereof and also prayed for condonation of delay in filing the restoration application in his Civil Misc. Application 12/2005. This application however, came to be rejected by impugned order dated 16th December, 2005.