1. This motion has been filed on behalf of the plaintiffs for restoration of the suit, which was dismissed by this Court on 22nd October,2007 for non-prosecution.

2. An affidavit in support of the motion has been filed by an Assistant Advocate working with M/s. Gordhandas & Fozdar, Advocates for the plaintiffs. The suit was instituted in September 1977 and it was numbered sometime in 1979. The suit is filed for damages in a sum of Rs. 3,62,920/- together interest @ 15% per annum from the date of the suit till payment, in respect of non-delivery of goods to the plaintiffs by the defendants. The evidence was recorded before the Commissioner appointed in the matter. The suit was then kept for arguments before the Court. The arguments on behalf of the defendants by their Counsel were advanced and completed and the arguments on behalf of the plaintiffs, were partly heard. Thereafter because of the change of the assignment, the matter was notified before another Judge.

3. On 22nd October, 2007, when the matter was called out, the deponent who has affirmed the affidavit in support of the motion and who is a junior lady Advocate, working with Gordhandas & Fozdar, Advocates for