The High Court allowed an application to revise a default dismissal order of a writ petition due to the advocate's mistake, imposing costs and conditions on future hearings.
Application allowed; costs of Rs.1000/- paid by advocate on record; earlier order recalled; writ petition restored.
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 AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.390 OF 2012
in WRIT PETITION NO.8987 OF 2009
Shriram Shikshan Prasarak Mandal ..
Applicant
vs
Mr.Dilip Bodake for Applicant
Mr. C.R.Sonawane A.G.P. for Respondent no.1
CORAM: A.M.KHANWILKAR & N.M.JAMDAR, JJ DATE: 12th March, 2012
P.C.
Although explanation offered in the Application cannot be treated as sufficient cause, as the litigant should not suffer for the mistake of the advocate, application is allowed in terms of prayer clause 8 (a) and 8 (b) on condition that the Advocate on record shall personally pay costs quantified at Rs.1000/- in the A/c of Government treasury on or before 20.3.2012. failing which earlier order passed in the Writ Petition shall stand revived. Subject to above, restored Writ Petition shall be list4ed on 3.4.2012 for
form
admission. Besides, payment of costs, order dismissing petition for default is recalled on condition that no adjournment or keeping back the matter at the instance of the petitioner will be entertained on future dates under any count.
N.M.JAMDAR, J
A.M.KHANWILKAR, J
1 issue framed by the court
Whether civil application seeking revision of default dismissal order due to advocate's mistake should be allowed.
Shriram Shikshan Prasarak Mandal
State of Maharashtra
A.M.KHANWILKAR
N.M.JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
