The High Court rejected the appeal filed against a Single Judge's order which set aside the rejection of an application to condone delay for restoring a suit dismissed for default. The court observed that the restoration would be considered on merit based on original material.
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pvr １ lpa350-11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
LETTERS PATENT APPEAL NO.350 OF 2011
IN
WRIT PETITION NO.4544 OF 2010
1.Mr.Dashrath Ramchandra
Satav & Anr.
...Appellants
vs.
The Nav Madhuban Co-op.Soc.Ltd....Respondent
Mr.A.Y.Bookwala, Sr.Advocate i/b. Mr.Madhav
J.Jamdar, for Appellants.
CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ.
DATED: 29th November,2011.
P.C.:-
1.Heard. By this appeal the appellants
challenge the order passed by the learned Single
Judge setting aside the order passed by the Trial
Court declining to condone delay in making an
application for restoration of the suit which was
dismissed for default. The consequence of the
pvr ２ lpa350-11 order is that now the application filed by plaintiffs for restoration of suit will be heard on merit. Obviously, the application for restoration of suit will be considered on the basis of the material produced before the Trial Court without being influenced by anything said by the learned Single Judge in the order. We do not see any reason to interfere with the order. The appeal is, therefore, rejected.
(ANOOP V.MOHTA, J.)
1 issue framed by the court
Whether the High Court should interfere with the Single Judge's order setting aside the rejection of an application to condone delay in restoring a suit dismissed for default.
Dashrath Ramchandra Satav & Anr.
The Nav Madhuban Co-op.Soc.Ltd.
D.K.Deshmukh
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court