BHARAT BABULAL MAKWANA Vs. NAROTTAM V. SHETH

JUDGEMENT

(1.) This appeal is directed against the order of the learned Single Judge, allowing the respondents' notice of motion, by condoning the delay and restoring the suit, which was dismissed for default.

(2.) The principal grievance raised by the appellant is that the learned Single Judge had no jurisdiction to entertain the notice of motion and pass the impugned order thereon. According to the appellant, the respondent ought to have filed the Notice of Motion in the Bombay City Civil Court in view of the Section 4A of the Bombay City Civil Court (Amendment) Act, 2012 and the Notification dated 5th September, 2012. The appellants have also challenged the exercise of jurisdiction by the learned Judge in restoring the suit which had been dismissed for default.

(3.) The suit was filed by Smt. Rasikmani Narottam Sheth original plaintiff seeking damages and other consequential reliefs of injunction in the year 1996. The original plaintiff died on 11th September, 2012. On 25th June, 2003, the suit was placed for directions before the Prothonotary and Senior Master. As there was no appearance for the plaintiff, the suit was placed for dismissal after a week. The matter was again placed on 2nd July, 2003 for directions before the Prothonotary and Senior Master. On the said date too, there was no appearance for the plaintiff. Hence, the Prothonotary and Senior Master dismissed the suit for default vide order dated 2nd July, 2003.