In a review petition, the Court recalled a dismissal order against petitioners in a writ petition, allowing no-show due to advocate error without engaging on merits, requiring the petitioner to pay court costs.
The order dated 5th February, 2009 is recalled. Advocate to pay cost Rs. 1,000/- to Respondent No.1.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
CIVIL APPELLATE JURISDICTION
REVIEW PETITION NO.17 OF 2009
IN
WRIT PETITION NO.541 OF 1992
Mohammed Yakub Munawar & Anr. ..Petitioner.
V/s.
Kartikeshwar Balchand Choudhari & Ors. ..Respondents.
Mr.S.M.Gorwadkar for petitioner.
Mr.S.D.Karavande for Respondent No.1.
CORAM: A.M.KHANWILKAR,J
DATE : FEBRUARY 9, 2009.
P.C. :
1. Heard Counsel for the parties.
2. Although the order of which review is sought,
records reason for dismissal of the Writ Petition,
but essentially matter proceeded exparte against the
Petitioners. The advocate on record for the
Petitioners has offered explanation in the present
applicaton as to the unavoidable circumstances in
which the appearance could not be made. That is
sufficient cause. Even otherwise, as the litigant
should not suffer for the mistake of the advocate,
the order in question deserves to be recalled. As
aforesaid, I have discussed the issues relating to
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merits in the order. However, as any observation
made in this order may influence outcome of the writ
petiton, I am avoiding to enter into details of the
grounds made out in the present review petition to
question the finding recorded by the lower Court is
perverse, which grounds alone were the basis to
reject the Writ Petition.
3. Accordingly, this Application is allowed.
The order dated 5th February, 2009 is recalled on
condition that advocate on record for the Applicants
shall pay cost quantified at Rs.1,000/- to the
Respondent No.1.
4. Place this restored Writ Petition on 11th
February, 2009 under appropriate caption as per its
turn, if necessary by issuing supplimentary board.
(A.M.KHANWILKAR,J)
Mohammed Yakub Munawar & Anr.
Kartikeshwar Balchand Choudhari & Ors.
A.M.KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court