S.K.KESHOTE
MADHUR GARMENTS – Appellant
Versus
HASMUKH SHOPPING CENTRE – Respondent
( 1 ) BY this revision application under Sec. 115 of the C. P. C. , the petitioner challenges the order dated 28-2-1997 of the City Civil Court No. 18. Ahmedabad passed below Ex. 1. Restoration Application No. 792 of 1995. Under this order, the learned trial Court set aside the judgment and decree dated 22-9-1994 passed in Summary Suit No. 2610 of 1993 and the suit is ordered to be restored to the file. The respondents were directed to file a written statement within 10 days from the date of the order. It is not in dispute that in pursuance of the order of the trial Court, the respondents have already filed written statement in the suit.
( 2 ) THE facts of the case, in brief are that the original plaintiff-petitioner filed summary Suit No. 2610 of 1993 against the defendant-respondent for the recovery of Rs. 52,974. 00. The defendants-respondents filed their appearance through their advocate and furnished solvent security of Rs. 55,000. 00 as per the order of the Court. Thereafter, the plaintiff-petitioner has taken out summons for judgment on 24-6-1992. The matter was kept for hearing on 7-7-1994. On which date, the learned advocate for the defendants-respondents
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