ARVIND J RAVAL Vs. VIPIN J RAVAL

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment and order dated 11th July, 1996 passed by the learned Single Judge in Miscellaneous Civil Application No. 403 of 1996 whereby the application for restoration of First Appeal No. 113 of 1978 which had been dismissed for default by a Division Bench of this Court, coupled with the prayer to condone the delay in filing the application for restoration, has been rejected.

(2.) THE facts of the case stated briefly are that the appellant herein had preferred a first appeal being First Appeal No. 113 of 1978 before this Court against the judgement and order dated 19th November 1977 passed by the Joint Civil Judge (S. D.), Narol in Civil Miscellaneous Application No. 80 of 1974. The said appeal was admitted and was pending for final hearing. It appears that the Appeal came up for hearing on 28th September, 1988, whereupon on account of absence of the learned advocate for the appellant, the appeal was dismissed for default by a Division Bench of this Court. The appellant herein subsequently moved an application for restoration of the First Appeal being Miscellaneous Civil Application No. 403 of 1996 and also prayed that the delay in filing the application be condoned. The said application came up for hearing before the learned Single Judge, who after hearing the learned advocates for the respective parties, by the impugned judgment and order, rejected the application on the ground that sufficient cause had not been made out for condonation of delay. Being aggrieved, the appellant has preferred the present Letters Patent Appeal.

(3.) HEARD Mr. P. V. Hathi, learned advocate with Mr. Ketan Dave, learned advocate for the appellant and Mr. Maganbhai Barot, learned Senior Advocate with Mr. M. J. Buddhabhatti, learned advocate for the respondents.