1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 505 OF 1980 Himanshu Dwarkadas Ruparelia .. Plaintiff V/s M/s Prabhat General Agencies .. Defendant Mr. K.H. Mody i/b Haridas & Co. for the plaintiff. Ms. Sheetal Shah i/b Mehta & Girdharlal for the defendant. CORAM : D.G. KARNIK, J. DATE : 13th APRIL 2010 P.C. : 1. This suit was placed on board on 30th March 2010 when learned counsel for the defendant produced for my inspection a certified copy of the order dated 25th January 2001 which reads as follows:- “Admittedly, the legal heirs of deceased plaintiff have not obtained any probate in respect of a Will made by the deceased plaintiff. Therefore, in view of the provisions of section 213 of the Indian Succession Act, the suit is not maintainable and, same is, therefore, dismissed with no order to costs. 2. It appears that in ignorance of the order dated 25th 2 January 2001, the suit was placed on board on few more days and some orders appear to have been passed without noticing the order of dismissal. On 30th March 2010, I therefore adjourned the matter for 2 weeks with a direction to the office to verify whether the suit had been restored. Today, the Associate reports that on verification of the record it is revealed that the suit was not restored after 25th January 2001. 3. In view of this, all orders which have been passed in the matter after 25th January 2001 need to be recalled and set aside. I order accordingly. The record of the suit be corrected to show that the suit has been disposed of on 25th January 2001. A photocopy of the certified copy of the order dated 25th January 2001 be furnished by the defendant and be kept on record of the Court. (D.G. KARNIK, J.)