1 7.NMS 2472 .08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2472 OF 2008 IN SUIT NO.348 OF 2003 ata Smt.Bhanumati D.Shah .. Plaintiff V/s. Mr.Atul B.Purohit .. Defendant Mr.R.R.Mishra,for Plaintiff Mr.V.G.Mehta,for Defendant CORAM :S.J.KATHAWALLA,J. DATE : APRIL 8,2011 P.C.:- This Notice of Motion is taken out by the Defendants for setting aside the order dated 4th December 2007 passed by the Commissioner dismissing the Suit under Rule 87 of the High Courts Rule. Admittedly, there is delay of 180 days in taking out the present Notice of Motion. The earlier Advocate is blamed for the said dismissal as well as delay in taking out the Notice of Motion. Not a single letter is written by the Plaintiff to her earlier Advocate recording his alleged conduct. It has now become a regular practice where parties approach the 2 7.NMS 2472 .08.sxw court at a very belated stage with applications seeking restoration of their matters which are dismissed, to blame the earlier Advocate for every wrong committed without making him a party to the Application or without writing a single letter to him setting out his conduct as alleged before the Court. This is most unfair to the Advocate, who is not even aware that serious allegations of professional misconduct are made against him behind his back. I am therefore, not convinced that any cause is made out for condonation of delay or restoration of the suit. However since the learned Advocate for the Plaintiff has agreed to pay cost of Rs.5,000/- to the Defendant within a period of two weeks from today and the learned Advocate for the Defendant has informed this Court that he has no objection, if Notice of Motion is allowed in terms of prayer clauses (a),(b) and (c) upon payment of costs of Rs. 5,000/-, the Notice of Motion is allowed in terms of prayer clauses (a),(b) and (c), subject to payment of costs of Rs. 5,000/- to the Advocate for the Defendant as condition precedent. ( S.J.KATHAWALLA ,J.)