Rajwadi Cement Moldingworks Thru ... vs Union Of India Thru Western ...
2022 Latest Caselaw 8994 Guj

     C/CRA/614/2018                                 ORDER DATED: 11/10/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/CIVIL REVISION APPLICATION NO. 614 of 2018
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 RAJWADI CEMENT MOLDINGWORKS THRU SOMABHAI BHAWANBHAI
                           DESAI
                           Versus
           UNION OF INDIA THRU WESTERN RAILWAY
==========================================================
Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS ARCHANA U AMIN(2462) for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                              Date : 11/10/2022
                               ORAL ORDER

1. Learned advocate for the respective parties are ad-

idem that the matter shall be remanded to the Court

below. In the present Revision Application, the applicant

has assailed the judgment and order dated 13.11.2018

passed by the learned Principal Senior Civil Judge,

Ahmedabad (Rural) confirming the order dated 16.08.2018

dismissing the suit filed by the petitioner on the ground

of delay. There are various grounds raised in the

present Revision Application. However, the Court is not

examining the same on merits.

2. It is the specific case of the applicant that the suit

was decreed in the absence of the applicant and such

averment are made in para 12 of the application.

C/CRA/614/2018 ORDER DATED: 11/10/2022

3. This Court has examined the same, however without

opining anything on merit, the impugned order dated

13.11.2018 passed by the learned Principal Senior Civil

Judge, Ahmedabad (Rural) in Civil Misc. Application

No.126 of 2018 is quashed and set aside.

4. The matter is remanded to the concerned Court.

The Regular Civil Suit No. 603 of 2005, which was

dismissed by the order dated 16.08.2018 is ordered to be

restored to its original file. Thus, the same shall be

restored to its original file. The Trial Court below, after

hearing the respective parties, may pass appropriate

order.

5. It is clarified that the applicant as well as the

opponent i.e. the respective parties shall fully cooperate

with the proceedings of the Regular Civil Suit No.603 of

2005.

6. Any lethargy on the part of any party shall not be

tolerated further and since the suit is of the year 2005,

the same shall be decided preferably within a period of

six months after the same is restored to its original file.

C/CRA/614/2018 ORDER DATED: 11/10/2022

7. With these observations, the present application is

disposed of.

8. It will be open for the opponent Western Railway to

file appropriate application in the said suit, in case they

would like to further initiate any proceedings against the

plaintiff.

(A. S. SUPEHIA, J) KUMAR ALOK