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2014 Supreme(Guj) 1042

ABHILASHA KUMARI
Prahladbhai Shivabhai Patel – Appellant
Versus
Bhanuben Kantibhai Patel – Respondent


Advocates Appeared:
For the Petitioner:Ms. Mita S. Panchal, Advocate

JUDGMENT :

Abhilasha Kumari, J.

Leave to amend the memorandum of the petition at Page 1, so as to include "Article 227", is granted. The necessary amendment be carried out, forthwith.

2. By preferring this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the impugned order dated 13.02.2014, passed by the City Civil Court below the application at Exhibit 11, whereby the application for condonation of the delay of eleven years, that has occurred in filing the application for restoration of Civil Suit No.3121/1983, has been rejected.

3. Briefly stated, the facts of the case are that the petitioner is the original plaintiff, who had instituted Regular Civil Suit No.3121/1983, seeking an order of dissolution of the partnership firm as well as for getting the amount recovered as a partner of the partnership firm in the name and style of "Shri Jay Jay Ambe Corporation".

3.1. According to the petitioner, the defendants therein did not defend the suit or file their written statement. Subsequently, with the consent of the learned advocate for the petitioner, the written statement was permitted to be filed. Thereafter, the suit remained pending. Accor

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