Date: 16-04-2018
Business: Advocate Mr. Bakliwal for the plaintiff present.
Advocate Mr. Giri for BMC/deft present.
Original NM no. 1381/18 alongwith affidavit in support tendered by the plff. t.o.r.
Matter adjd to 24.04.2018 for NM reply.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 24-04-2018
Date: 24-04-2018
Date: 23-10-2018
Business: Adv. Bakriwal for plaintiff present.
Adv. Kamble h/f Adv. Vyawahare for defendant no. / BMC present.
Matter adjd. to 1.11.18 for NM Hearing.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 01-11-2018
Date: 01-11-2018
Business: Adv Ravindra Singh for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
Adjd to 18/12/2018 for NM restoration of suit.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 18-12-2018
Date: 18-12-2018
Business: Adv Bakaliwal for plff present.
Adv Mhatre for BMC/deft. present.
Adjd to 15/01/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2019
Date: 15-01-2019
Business: Adv Bakliwal for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
K.B..
Later on..
Adv Bakliwal for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
Heard arguments of both sides.
Order on N/M No.1381 of 2018 -
The instant notice of motion for restoration of suit no.159/17 is filed within one month from the date of its dismissed in default on 27/02/2018. the defendant corporation has opposed the same on the ground that the suit premises is demolished. The plaintiff has averred that he was out of station on 27/02/2018 when the matter was called for hearing. The existence/nonexistence of suit premises is aspect to be considered for deciding the main suit. That is not a ground to refuse restoration of suit which is filed within limitations. Hence, Notice of Motion no.1381 of 2018 is allowed and made absolute in terms of prayer clause (a) subject to cost of Rs.1000/- payable to the defendant corporation on or before next date.
The suit be restored with same number and at its earlier stage.
Nature Of Disposal: ALLOWED
Disposal Date: 15-01-2019
