RAMABAI NAMDEO GAVAND Vs. RAVIDRA PANDHARINATH ULAVEKAR

JUDGEMENT

(1.) By this Notice of Motion, plaintiffs seek condonation of delay of 2626 days in taking out this Notice of Motion and has applied for setting aside order dated 11th July, 2003 passed by the learned Prothonotary and Senior Master dismissing the suit for default.

(2.) Plaintiffs have filed this suit inter alia praying for declaration that each of the plaintiff has 20% share and each of the defendant nos. 1 to 10 have 2% share in the suit property described in Ex.'A-1' to the plaint. Plaintiffs had engaged Mr.S.R.Pandey, advocate for filing the said suit. Vakalatnama was filed by the learned advocate on behalf of the plaintiffs.

(3.) It is the case of the applicants (plaintiffs) that the applicants being illiterate persons and could not understand the proceedings filed by them in this court. It is alleged that the plaintiffs were always kept in dark by the learned advocate about the proceedings in the suit. It is alleged that till the year 2009, the plaintiffs had been told by their advocate that the matter would come up on board and he was accordingly taking steps for the same. It is alleged that the plaintiffs always relied upon the learned advocate for the purpose of filing a suit as well as for filing proceedings in the suit. It is the case of the plaintiffs that plaintiffs had doubt about the work of their advocate. They made an enquiry about the status of the said suit in the office of this court and came to know that the suit has been dismissed in the year 2003 for want of prosecution. Plaintiffs accordingly addressed a letter dated 3rd July, 2010 to the learned advocate asking for explanation for not attending the proceedings in the said suit. It is the case of the plaintiffs that since there was no reply from the learned advocate, the plaintiffs sent another letter to their learned advocate at his residence. There was no reply to the said letter also. The plaintiffs thereafter applied for certified copy of the proceedings on 13th April, 2009 which were ready on 29th July, 2009. The plaintiffs were till then not aware of the dismissal of the suit.