JUDGMENT :

1. This appeal from order under O.43 R.1(1)(c) of the Civil Procedure Code, 1908 (CPC) assails the order dated 12.02.2020 passed by the learned Additional Judge, City Civil and Sessions Court, Court No. 25, Ahmedabad City in Misc. Civil Application No. 637 of 2019 by which, the restoration application filed by the present appellants came to be rejected.

2. Admit.

3. Facts in nutshell of the case on hand are that the appellants are the original plaintiffs, who had filed a civil suit being Regular Civil Suit No. 767 of 2007 for permanent injunction in the City Civil Court, Ahmedabad. The said suit came to be dismissed for default by virtue of an order passed below exhs. 1 and 88 dated 05.09.2019 for want of prosecution. Against the said order, the appellants – plaintiffs filed the aforesaid misc. civil application for restoration of the suit, however, the same came to be rejected vide order impugned herein.

4. Heard, learned advocate Mr. Pratik Khubchandani for M/s. Vyas Associates for the appellants and learned advocate Ms. Lilu K. Bhaya for the respondent.

4.1 The learned advocate for the appellants submitted that the impugned order is illegal, perverse and against the settle