ORDER :

K.M. Thaker, J.

Heard learned advocates for the contesting parties. At the request of the learned advocate for the petitioner and with consent of learned advocates for the respondents, the matter is taken up for hearing and final decision and is heard finally.

2. In present petition, the petitioner has prayed, inter alia, that:

"6(a) Your Lordships may be pleased to issue a writ of certiorari and/or any other appropriate writ order or direction quashing and setting aside the order dated 21.7.2011, below Exh.1 in Restoration Application 92 of 2008 passed by the 5th Addl. Sr. Civil Judge & JMFC, Surat and be pleased to allow the said restoration application No.92 of 2008."

3. The petitioner is aggrieved by the order dated 21.7.2011 whereby the learned trial Court has rejected the petitioner's application to restore the proceedings of Regular Civil Suit No.217 of 1994 which also was dismissed on the ground of non-prosecution.

4. In order to consider the grievance made by the petitioner against the impugned order, it is appropriate and necessary to take into account certain facts, events and dates.

4.1 The petitioner is original plaintiff in Regular Civil Suit No.217 of 1994.

4.2 In 1