PRABHAKAR MAHADEO KARHADKAR Vs. LAXMINARAYAN MAHANT

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Single Judge dated 17th February 1998 by which the learned Single Judge has refused to set aside his order dated 10th November 1997 dismissing the suit of the appellants (plaintiffs) for default.

(2.) THE counsel for the parties are agreed that in view of the narrow controversy involved in the case, this appeal may be disposed of after hearing them at the admission stage itself. Accordingly, we have admitted the appeal and the same is taken on board for hearing.

(3.) WE have perused the affidavit of the former advocate Mr. S.Y. Ambedkar and also the medical certificate annexed thereto and also the affidavit of the present advocate's clerk dated 14th January 1998. From the averments contained therein as well as the medical certificate, it is clear that the former advocate was ill and was bed ridden and under those circumstances, he could not obviously inform the appellants regarding the matter being placed for final hearing on 17th November 1997, as he himself was not aware of the same. Taking into consideration all the facts and circumstances of the case, we are of the view that to meet the interests of justice, this a fit case wherein, the suit ought to have been restored to file which has been dismissed for default on 17th November 1997.