IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPLICATION NO.176 OF 2009 IN CIVIL APPLICATION NO.2756 OF 2007 IN WRIT PETITION NO.2435 OF 2004 Dasrath Venkaya, Since deceased through his legal heirs & representatives: Pravin D.Soma & Ors. ...Applicants V/s. M/s.Mavji Bhura & Co. ...Respondents WITH CIVIL APPLICATION NO.177 OF 2009 IN WRIT PETITION NO.2435 OF 2004 M/s.Mavji Bhura & Co. ...Applicants V/s. Dasrath Venkaya (since deceased) through his legal heirs & representatives: 1(a) Pravin D.Soma & Ors. ...Respondents ...... Mr.C.R.Sonawane for Applicants in CA/176/2009 & for Respondents in CA/177/2009. Mr.S.K.Chaurasia i/b Mr.A.M.Saraogi for Respondents in CA/176/2009 & for Applicants in CA/177/2009. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MAY 8, 2009. MAY 8, 2009. MAY 8, 2009. : 2 : P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. Although this Application (Application No.176/2009) is opposed by the Respondents, having regard to the fact stated in the further affidavit filed by the Applicants dated 26th March 2009, it is obvious that the matter went by default at the instance of the Applicants on account of mistake of the Advocate. 3. It is well established position that the litigant should not suffer for the mistake of the Advocate. In the circumstances, this Application is allowed but on condition that the Applicants shall pay cost quantified at Rs.7,500/- (Rupees Seven Thousand Five Hundred) to the Respondents. Payment of cost is condition precedent for allowing this Application in terms of prayer clause (a). Cost be paid within two weeks from today, failing which, the earlier order dated 11th July 2008 shall get revived without further reference to the Court. : 3 : 4. If cost is paid in time, Civil Application No.2756/2007 shall stand restored to the file to be proceeded on merits in accordance with law. Civil Application No.177/2009 be listed along with Civil Application No.2756/2007 on the next date of hearing. A.M.KHANWILKAR, J.