Final Order 1

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IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100065/2019
Hasmukh Sohanraj Jain Vs 1.Panibai Sohanraj Jain 2.Lalit Sohanraj Jain 3.Rajendra Sohanraj Jain
Date : 19-10-2019
Business : Adv. Menino F Dias for plaintiff present. Heard Ld. counsel
for plaintiff on NM no. 65/19 for restoration of Suit
no.1616/17. The NM is supported by affidavit of plaintiff
Hasmukh Jain. It is submitted that plaintiff has filed present
NM for restoration of suit which was dismissed in default
on 17.03.2018 on the ground that advocate of the plaintiff
was not present on various dates. In the above said suit NM
no. 2588/17 was also pending that the advocate of the
plaintiff had expired some time in the month of December
2017 and therefore plaintiff could not attend the above case
on various dates. As the plaintiff was not aware about the
death of his advocate. It is submitted that if the present
motion is not allowed, plaintiff will suffers irrepairable loss.
Hence, it is prayed that present NM may allowed in the
interest of justice. Considering the submissions made
before the court and relying on the affidavit of the plaintiff,
I am of the opinion that plaintiff has cited sufficient cause
for restoration of the suit. There are not circumstances to
disbelieve the plaintiff. Hence, the NM is allowed. The Suit
no. 1616/17 along with NM 2588/17 stands restored for
trial and disposal according to the law. After the suit and
motion are restored notice shall be given both sides for their
appearance. Office to do the needful and comply. Hence,
Matter stands Adj for return of notice/service to 03.12.2019.
Nature of Disposal : ALLOWED
Disposal Date : 19-10-2019
COURT 3 ADDL. SESSIONS JUDGE
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