IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5431 of 2004 For Approval and Signature: HON'BLE MR.JUSTICE K.S.JHAVERI ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- PARSHOTTAMBHAI MADHAVLAL PATEL Versus SAKRAJI BHALAJI THAKORE -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 5431 of 2004 MS MEGHA JANI for Petitioner No. 1 RULE SERVED for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE K.S.JHAVERI Date of decision: 14/02/2005 ORAL JUDGEMENT 1. The petitioner has preferred this petition in order to quash and set aside the order dated 31/12/2003 passed by the 5th Joint Civil Judge (S.D.), Ahmedabad (Rural) at Ahmedabad below exh.15 in Civil Misc. Application No.53 of 2003 and also the order dated 25/06/2003 passed in Special Civil Suit No.40 of 1999 dismissing the suit for default and directing the restoration of suit. 2. Though served none appears for the respondent. In view of the fact that the averments made in the petition have not rebutted by the other side they are required to be accepted and the grounds on which the trial Court has dismissed the suit for default is required to be quashed and set aside. 3. Accordingly, the order dated 25/06/2003 passed in Special Civil Suit No.40 of 1999, dismissing the suit for default, is quashed and set aside. The trial Court is directed to expedite the hearing of the suit in question. With the above direction, this petition stands disposed of. Rule is made absolute accordingly. (K. S. Jhaveri, J.) pravin/