A civil application was disposed of where the High Court condoned the delay, recalled an order dismissing a Letters Patent Appeal for default, and restored the appeal to the file without issuing notice to respondents.
The order of dismissal for default was recalled; the LPA was restored to the file; delay was condoned.
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.
CAL 346/2012
S.H.HADAP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.346 OF 2012 IN
LETTERS PATENT APPEAL NO.24 OF 2012
IN
FIRST APPEAL NO.901 OF 2011 IN
B.C.C.C.CHARITY APPLICATION NO.12 OF 2005
Zarir Rustom Joshi V/s
Burzor Rustom Joshi & Ors.
… Applicant
... Respondents
Mr.Vivek Kantawala i/by M/s.Vivek Kantawala & Co.for applicant.
CORAM: MOHIT S.SHAH, C.J. & N.M.JAMDAR, J.
DATE: 26 SEPTEMBER 2012
P.C.:
Since the LPA No.24 of 2012 was dismissed in default before issuing of any notice, this application is taken up for recalling the order of dismissal dated 9 February 2012 and for condoning the delay caused in filing this application, without giving any notice to the Respondents.
2/2
CAL 346/2012
(N.M.JAMDAR, J.)
1 issue framed by the court
Whether the delay in filing the civil application for recalling the default dismissal can be condoned.
Zarir Rustom Joshi
Burzor Rustom Joshi & Ors.
Mohit S. Shah
N. M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
