RAMESHBHAI SHIVBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The special civil application No. 7981 of 1991 was dismissed for non-prosecution by this Court on 29th July, 1998, By this M.C.A., the applicants- petitioner prayed for recalling of that order and for restoration of the special civil application No. 7981/91 together with the interim relief granted by this court in that special civil application.

(2.) . In this M.C.A., the applicants-petitioners have come up with the case that they were earlier represented by late Mr. Ajit Padival, advocate. They are not aware about the death of Mr. Padival. They were under an impression that their cases are conducted properly in this Court. Recently it has come to their notice when the chief officer of the Municipality has informed them that their cases are dismissed by this court. Immediately they came to Ahmedabad and inquired about the matter and obtained the simple copy of the order from the inquiry counter of this court. Thereafter, they applied for the certified copy and hence, this M.C.A. in these circumstances of the case, as the applicants were not represented by any advocate, and the applicants were not aware of the sad demise of the advocate, the prayer has been made for recalling of that order.

(3.) . This application has been supported by an affidavit of Rameshbhai Shivabhai Vaghela. The ground which has been given by the applicants for recalling of the order of this court dismissing the special civil application for non-prosecution is not correct and it cannot be accepted. On the death of late Mr. Padival, advocate, notice was sent to Rameshbhai Shivabhai Vaghela, the deponent in this M.C.A., and that notice has been served upon this person on 11-6-1997. Despite of the fact that after death of the advocate, notice has been sent to the deponent and served upon him he has made deliberately an incorrect statement only with the object and purpose to get the favourable order from this court. Only on this conduct of the applicant- deponent, Rameshbhai Shivabhai Vaghela, this M.C.A. deserves to be dismissed. Be that as it may.