BHIKHABHAI RASULBHAI CHOTHIYA Vs. DECD GANDHI GULABCHAND CHANDULAL

JUDGEMENT

(1.) THE petitioners have filed this petition under Article 227 of the Constitution of India praying for quashing and setting aside the judgment and order dated 29.09.2003 passed by the learned Assistant Judge, Sabarkantha Dist., Camp at Modasa dismissing Appeal From Order No. 26 of 2002 and the judgment and order dated 06.08.2002 passed by the learned Civil Judge (J.D.), Modasa dismissing the application for condonation of delay of three years and 10 days caused in filing restoration application under Order 9, Rule 9 of the Code of Civil Procedure. The petitioners have also prayed for the direction allowing the application for condonation application for restoring Regular Civil Suit No. 6 of 1992 which was dismissed for non -prosecution by the order dated 14.09.1998.

(2.) THIS Court has issued rule on 11.11.2003.

(3.) HEARD Mr. B.B. Naik, learned Senior Counsel appearing for the petitioners and Mr. R.C. Jani, learned advocate appearing for the respondents.