This court granted extension of time to file a notice of motion for restoration of a testamentary suit dismissed for default.
Notice of motion made absolute; suit restored; directions given for document filing and admission/denial.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY .
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.14 OF 2013 IN
TESTAMENTARY SUIT NO.37 OF 2006
Amar Parasram Rohira ... Applicant/Plaintiff
V/s.
Kishore P. Rohira & Ors. ... Defendants.
M/s KMC Legal Venture, Advocates for the plaintiff. Mr F. Bharucha i/b M/s JMB Partners for Defendants.
CORAM : R.D.DHANUKA J. DATED : AUGUST 20, 2013.
P.C.
By this notice of motion taken out by the plaintiff, plaintiff seeks condonation of delay in filing notice of motion and seeks restoration of testamentary suit dismissed by an order dated 29th July 2009.
to be dismissed for default by an order dated 29th July 2009.
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Asmita
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hearing learned counsel for both the parties, I am satisfied that the reasons given in affidavit in support and rejoinder sufficiently explains as to why the petitioner or his Advocate could not remain present before this Court when the said testamentary suit came to be dismissed for default.
(R.D.DHANUKA, J.)
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Asmita
Amar Parasram Rohira
Kishore P. Rohira & Ors.
R.D.DHANUKA
As recorded by the court registry
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