Restored a suit dismissed for default as prayer clauses were substantive and no reply affidavit existed from defendants, directing transfer.
Motion granted; suit to be transferred to City Civil Court.
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19-NMS-626.12.sxw
hvn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY . ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 626 OF 2012 IN SUIT NO. 652 OF 2006
Pruthvinath Fulchand Gupta and Ors.
… Plaintiffs
Versus
State of Maharashtra
… Defendants
Mr. Ajit Karwande i/by S.D. Thokade for the plaintiffs.
Mr. Milind more, A.G.P. for defendants.
CORAM : R.D.DHANUKA J. DATED : JULY 05, 2013.
P.C.
Notice of motion has been taken out for restoration of the suit dismissed for default by order dated 12th July, 2011. No affidavit in reply has been filed by the defendants. For the reasons recorded in the affidavit in support of the notice of motion, motion is made absolute in terms of prayer clauses (a) and (b). Office is directed to verify and transfer the suit to City Civil Court. No order as to costs.
1 issue framed by the court
Whether to grant restoration of a suit dismissed for default.
Pruthvinath Fulchand Gupta and Ors.
State of Maharashtra
R.D.Dhanuka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
