SHAH BHIKHABHAI CHIMANLAL Vs. SHAKARIBEN BABUBHAI PRAJAPATI

JUDGEMENT

(1.) RULE. Learned counsel Mrs. Sangeeta Pahwa waives service of notice of Rule on behalf of the respondent. This petition has been preferred against the order dated 14th March,2007 below Exh-15 in Civil Misc. Application No. 179 of 2006 passed by Learned Principal Senior Civil Judge, Gandhinagar, whereby delay condonation application preferred by the present petitioners (original plaintiffs) of Special Civil Suit No. 104 of 1996 (old No. 311 of 1992) was not allowed.

(2.) IT appears from the facts of the case that originally the Suit was instituted at Ahmedabad, subsequently, the same was transferred to Gandhinagar and the same was dismissed for default because of the absenteeism of the lawyer and, therefore, restoration application was preferred along with delay condonation application by the present petitioners (original plaintiffs), as a result, there was a delay of 4 years and 140 days in preferring restoration application. As the same has been dismissed by the Trial Court, the petitioners (original plaintiffs) have preferred this petition.

(3.) LEARNED counsel for the petitioners (original plaintiffs) have submitted that plaintiffs have instituted two Suits against the present respondents (original defendants ). There were two agreement to sell of the properties bearing Survey Nos. 93 and 96/6, situated at Village: Nabhoi, District and Sub-District: Gandhinagar. Thus, two Suits were instituted bearing Special Civil Nos. 310 and 311 of 1992 for specific performance on the basis of agreement to sell. Both agreements to sell were of the same date.