Final Order 1

Order Details: Notice of Motion
Pdf Text: Matter called out at 2.48 BY Praecipe Adv Hassan Khan @ Adv Ashwin Sawlani for
plff present. Adv Viraj Jadhav for Defendant present. Def No.3 is present.
Application for adv of plff to take matter on today&amp#039s board t.o.r.
Order Allowed. Adv for def tendered Vakalatnama @ Photocopy of P.O.A. t.o.r. K.B.
L.O. at 4.52 Heard both sides on NM. The NM is taken out by the plff with prayer to
set aside order dtd 17.11.2018 in Suit No. 6106/2007 thereby dismissing the suit in
default and for restoration of the suit. It is the case of the plff that he was infact
present on 17.11.18 when the matter was called for hearing and he was ready with
evidence affidavit However, as his adv could not remain present on the said date
due to unavoidable circumstances and due to ignorance of the plff of the court
proceedings the suit came to be dismissed as he could not tendered evidence
affidavit before the court in person. The contentions of the plff made in affidavit in
support of NM are supported by the fact that evidence affidavit of the plff is sworn
on 02.11.2018 I.e before the date of dismissal of the suit. Defs have filed their said
on the NM giving their no objection for allowing the NM and restoring the suit. Both
the parites has submitted before this court that they have amicably settled dispute
between them and they are ready with consent terms. In these circumstances when
plff has no doubt sufficient cause for setting aside order of dismissal of the suit it
will be just and proper to allow this NM . In the result followoing order is passed
Order 1. NM No. 461/19 is allowed. 2. Order dated 17.11.18 passed in Suit NO.
6106/07 is set aside and the suit is restored in the files to its original stage. 3. No
order as to costs. 4. NM 461/19 is disposed off accordingly.
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