AGRAWAL ASSOCIATION Vs. BHARATIBEN RAMESHCHANDRA PATEL

JUDGEMENT

(1.) RULE. Mr. U. M. Shastri, learned advocate waives service of notice of Rule on behalf of the opponent.

(2.) THE present application has been preferred by the applicant original petitioner for restoration of the main matter being Special Civil Application No. 9990 of 2008, which came to be dismissed for non-prosecution on 12/11/2008 as on that day, when the matter was called out, learned advocate appearing on behalf of the petitioner was absent on both the occasions.

(3.) CONSIDERING the facts and circumstances of the case and so as to enable the applicant original petitioner to give an additional chance to submit its case on merits, the present Misc. Civil Application is allowed and the main petition being Special Civil Application No. 9990 of 2008 is hereby restored to file, subject to the cost, which is quantified at Rs. 2500/- to be deposited by the applicant - original petitioner with the Registry of this Court within a period of one week from today. On such deposition, Registry is directed to transmit the same to the Gujarat High Court Legal Aid Committee. Rule is made absolute.