V PANKAJAKSHI VASUDEVAN Vs. JAYANT J PATWARDHAN

JUDGEMENT

(1.) Heard Mr. A. A. Verma, the learned counsel for the appellants.

(2.) The original plaintiffs are in appeal. Their suit came to be dismissed for want of prosecution on 16th April, 1993. The notice of motion was taken out by the plaintiffs on 31st March, 1997 for setting aside the order dated 16th April, 1993 and restoration of the suit. The said notice of motion was dismissed by the learned motion Judge on April 4, 1997. It is this order which is the subject-matter of the appeal.

(3.) The learned counsel for the appellants invited our attention to the affidavit of the advocate Shri Arun Vasudeo Vaidya in support of his submission that there was bona fide reason on the part of the plaintiffs' advocate in not appearing before the Court on 16-4-1993 and that delay in taking out the notice of motion for restoration is explained by sufficient cause.