LAWS(BOM)-2010-10-11

SHARAD BHAGWAT JOSHI Vs. BHAGWAT PUROSHOTTAM JOSHI

Decided On October 06, 2010
SHARAD BHAGWAT JOSHI Appellant
V/S
BHAGWAT PUROSHOTTAM JOSHI Respondents

JUDGEMENT

(1.) This Appeal from Order is filed by the appellant herein aggrieved by the order dated 01st March, 2003 in Misc. Application No. 154 of 2003.

(2.) The brief stated in the said application are as under :-

(3.) The appellant herein filed application, under Order 9 Rule 4 for restoration of suit, which was dismissed in default. The appellant who is original applicant had filed Special Civil suit bearing No. 178 of 1998 for partition and separate possession of his ancestral property, against some of the non applicants. The Trial was commenced and suit was fixed for effective hearing on 23rd June, 2003. On the said date when the matter was called out for hearing, the plaintiff and his Advocate remained absent and even no application was filed for adjournment.