1. Rule, with the consent of the parties made returnable forthwith and heard.

2. The above Petition takes exception to the order dated 27/4/2011 passed by the learned Judge, City Civil Court, Mumbai by which order Notice of Motion No.1840 of 2010 filed by the Petitioners who are the original Defendants in Short Cause Suit No.2987 of 2002 came to be rejected.

3. Shorn of unnecessary details a few facts can be stated thus:

The Respondents have filed Short Cause Suit No.2987 of 2002 for injunction. Suffice it to say that the said suit came to be dismissed for non-prosecution on 23/2/2005 on account of noncompliance by the Plaintiffs in the matter of service of writ summons. It appears that for some reason, the application for restoration was not made by the Plaintiff, and was ultimately made in March 2010 by filing Notice of Motion No.845/10 for restoration. The said motion was served on the Defendants with a covering letter that the same would appear on board on 9/4/2010. The defendants and their lawyer were present in the court on 9/4/2010, but the board of the said Court was discharged, and the next date given was 26/4/2010. On the said day, the learned Judge did not sit,