JUDGMENT :

1. This appeal under section 104 r/w. O.43 R.1(r) of the Civil Procedure Code, 1908 (CPC) is filed assailing the order dated 30.10.2018, passed by the learned 6th Additional Senior Civil Judge, Surat below exh. 1 in Civil Misc. Application No. 143 of 2018, whereby, the learned trial Judge dismissed the said application for restoration of Special Civil Suit No. 64 of 2014, which was dismissed for default by an order dated 30.07.2018.

2. Facts in nutshell of the case on hand are that the present appellant – original plaintiff filed a suit being Special Civil Suit No. 64 of 2014 for declaration and permanent injunction and cancellation of sale deed through power of attorney – Baria Dhirajsinh Laxmansinh. However, since the said power of attorney began to act against the interest of the appellant – plaintiff, the appellant – plaintiff eventually cancelled the said power of attorney on 08.07.2015 and appointed new power of attorney namely Sudhaben Gopalbhai Darji in the suit. However, the earlier power of attorney holder was insisting the appellant – plaintiff to retain him as a power of attorney. He even did not handover the papers to the appellant and hence, the appellant – p