1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.115 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.V.B. Nighot for the petitioners. Mr.Surel S.Shah for the respondents. CORAM : ANOOP V. MOHTA, J. DATED : 20.11.2008 P.C. The petitioner has challenged the common order at Exhibits 90 and 91, whereby the original plaintiff’s application to set aside the abatement order against defendant no.1 which was filed after 60 days, to dismiss the suit against the said defendant is allowed. Considering the averments made and to avoid further complication, in the interest of justice, I see sufficient case is made out and therefore there is no reason to reject such application. Even 2 otherwise, it is necessary for proper adjudication of the matter that full opportunity should be given to the parties concerned. Taking all this into account, I am inclined to grant this application. The writ petition is allowed in terms of prayer (b). No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]