DY EXECUTIVE ENGINEER Vs. PRAFULBHAI VIRABHAI VIRDA

JUDGEMENT

(1.) HEARD learned Advocate Ms. Gadhvi for the applicant original petitioner and Mr. UT Mishra for the opponent workman in this civil application for restoration of the main matter which has been dismissed by this court for default by order dated 5. 12. 2007.

(2.) CONSIDERING the submissions made by both the learned advocates and also considering the averments made in this application, order of this court dated 5. 12. 2007 dismissing Special Civil Application NO. 28800 of 2007 for default is hereby recalled. Said petition is hereby restored on the files of this court. Said Miscellaneous Civil Application is disposed of with these directions.

(3.) TODAY, this court has taken up Special Civil Application NO. 28800 of 2007 which is restored by this court today in view of the orders passed by this court in Miscellaneous Civil Application No. 67 of 2008. Therefore, with consent of both the learned advocates, matter is taken up for hearing on admission.