The appellant plaintiff filed Civil Suit NO.217 of 1994 against respondents No.1 and 2 for declaration and injunction in respect of plot number16 E, admeasuring 250 sq.
on Revenue Survey No.62 65, Village Althan, Surat.
Signature Not Verified 4 Digitally signed by MAHABIR SINGH Date 2019.01.11 The appellant plaintiff immediately filed an application 162714 IST Reason under Order IX, Rule 9 of the C.P.C. for restoration of the said suit on 4th December, 2008 which came to be dismissed on 21st July, 2011 on the ground that the plaintiff and his advocate are companytinuously remaining absent and the plaintiff is number interested in pursuing the matter.
The revision petition, Special Civil Application No.16821 of 2011, preferred by the appellant plaintiff before the High Court also came to be dismissed.
Being aggrieved, the appellant plaintiff is before us.
The first respondent is represented by Mrs. Saroj Haresh Raichura, Advocate.
The issues were framed on 3rd October, 2008 and the suit was dismissed for default on 6th November, 2008.
By Order dated 4th December, 2018, substituted service was ordered.
BANUMATHI, J. Leave granted.
Second respondent Bhagwandas Nandlal Bagdi, remained unserved in spite of issuance of numberice.
This appeal arises out of judgment and order dated 28th January, 2014 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application NO.16821 of 2011 in and by which the High Court affirmed the order of the Trial Court and thereby declining to restore the suit.
