Court restored an appeal dismissed for default by considering the applicant's explanation regarding counsel's absence in the cause list, despite a history of three defaults.
Appeal restored; costs of Rs. 2,000 payable to the High Court Legal Services Authority.
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Neeta Sawant 1/2 sr.31
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12751 OF 2023
IN
APPEAL FROM ORDER NO. 3 OF 2014
Palghat Raman Rajan … Applicant V/s. Shrinivasan Mohan and Ors. ….Respondents
Mr. Avadhesh Kumar, for the Applicant.
CORAM : SANDEEP V. MARNE, J. Dated : 9 November 2023.
P.C. :
Neeta Sawant 2/2 sr.31
came to be dismissed for default by order dated 12 December 2013. The Appellant-Plaintiff therefore took out Civil Application No.90 of 2022 which came to be allowed and the Appeal was restored vide order dated 5 December 2022. Again when the Appeal came up before this Court on 11 January 2023, none appeared on behalf of the Appeal and the Appeal got dismissed for default.
Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2023.11.21 10:53:31 +0530
SANDEEP V. MARNE, J.
1 issue framed by the court
Whether to restore an appeal dismissed for default considering the third default history.
Palghat Raman Rajan
Shrinivasan Mohan
Sandeep V Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
