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 order dated 31.07.2018 was pleased to condone the delay of about 4 years and 9 months on a condition to deposit Rs.2,500/- within a period of 7 days on the count that the petitioners had in support of the said application show the sufficient cause for such delay. Nonetheless the petitioners failed to deposit such an amount of cost within the prescribed period of 7 days.

3. Learned advocate for the petitioners has submitted that otherwise the petitioners have a good case on merits and accordingly their legitimate right cannot be snatched away merely because of such a technicality.

4. In view of the above, this Court is of the opinion that, it would be in the fitness of things and in the interest of justice that the present petition be allowed, however with some exemplary cost. Accordingly, this petition is allowed. The impugned order dated 18.01.2019 passed below Exhibits 62 and 63 by the learned 17th Additional Senior Civil Judge, Vadodara is hereby set aside. The order dated 31.07.2018 is hereby revived on a condition that the petitioners shall deposit a sum of Rs.5,000/- before the District Legal Services Authority, Vadodara within a period of 7 days from the date of receipt of this order.

5. It is made clear that over and above, the amount of Rs. 2,500/- is directed to be deposited by virtue of the order dated 31.07.2018.

6. It is expected that the learned Trial Court shall make all endeavour to dispose of the suit as early as possible preferable within a period of 12 months and the parties to the suit shall not ask for any unnecessary adjournments and cooperate with the trial.

7. It is further made clear that this Court has not gone into the merits of the case and the Trial Court concerned shall decide the suit in accordance with law on its own merits preferably within a period of 12 months from the date of receipt of the writ of this Order.

Rule is made absolute.