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ASHOKKUMAR C. JOSHI
Maniben Prabhatbhai Chauhan – Appellant
Versus
Jagmohan Ramswarup Agarwal – Respondent
JUDGMENT :
1. Rule. Learned advocate Mr. Yash V. Gupta waives service of notice of Rule for the respondent No.1.
2. This petition is filed under Article 227 of the Constitution of India by the petitioners against an order dated 18.01.2019 passed below Exhibits 62 and 63 in Regular Civil Suit No.1181 of 2004 by the learned 17th Additional Senior Civil Judge, Vadodara. By the said applications, the petitioners had prayed for to set aside the abatement of suit as well as to permit deposit of Rs. 2,500/- towards cost. The said applications came to be rejected by the impugned order.
3. Heard learned advocate Mr. I.M. Patel for the petitioners and learned advocate Mr. Yash V. Gupta with learned advocate Mr. V.B. Gupta for the respondent at length.
4. Having heard the learned advocates for the respective parties and perusing the impugned order dated 18.01.2019 and considering the material placed on record, it appears that the issue involved in the present petition is in narrow compass that is to say with regard to setting aside the abatement of the suit and to permit the petitioners to deposit the cost imposed vide order dated 31.07.2018. Indisputably, the learned Trial Judge by the said orde
The main legal point established in the judgment is the need to prioritize hearing matters on their merits rather than dismissing them on mere technicalities.
Imposing onerous conditions for condonation of delay is contrary to established legal principles.
A petitioner cannot file a petition after accepting costs paid by the respondent without disclosing this fact, and the Trial Court's exercise of discretion in condoning the delay in filing the applic....
Non-payment of court costs leads to ex-parte orders, which can be challenged if justified.
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