STATE OF GUJARAT Vs. MANGUBHAI KIKABHAI HALPATI

JUDGEMENT

(1.) . This revision application by the State of Gujarat and Mamlatdar, Navsari under Sec. 115 of the Civil Procedure Code arises from the order dated 14-7-1998 of the Civil Judge (S.D.), Navsari in Misc. Civil (Fari File) Application No. 41 of 1996 under which the application filed by the petitioners for the restoration of their Special Civil Suit No. 37 of 1991 which has been dismissed for non-prosecution, has been rejected.

(2.) . The facts of the case in brief are that the State of Gujarat and Mamlatdar, Navsari filed a Special Civil Suit No. 37 of 1991 against the defendants-respondents for the recovery of Rs. 83,948.87 ps. The summons of the suit were duly served on the defendants-respondents and they had also submitted their written statements. The suit was fixed for recording of the evidence of the plaintiffs-petitioners on 10-10-1995 in the trial Court.

(3.) . It is a case of the plaintiffs-petitioners that they remained present through their Advocate on each and every date fixed by the Court. On 27-8-1996 their suit was fixed for recording of evidence of the plaintiffs-petitioners. The Advocate of the plaintiffs-petitioners was in need of some document for examination of the witnesses and he prayed for the adjournment of the matter by filing an application. This application for adjournment of the suit filed by the Advocate of the plaintiffs-petitioners was strongly opposed by the defendants-respondents and the learned trial Court declined to grant any adjournment. On the same day the suit was dismissed for nonprosecution.