SHANTABEN ATMARAM CHAVDA Vs. REVABEN GHHOTALAL
LAWS(GJH)-1983-8-36
HIGH COURT OF GUJARAT
Decided on August 08,1983

Shantaben Atmaram Chavda Appellant
VERSUS
Revaben Ghhotalal Respondents

JUDGEMENT

B.K.MEHTA, J. - (1.) However, in the absence of justification for the second consecutive default and as the real ground which weighed with the learned City Civil Court Judge was that the second application was not in time, held on facts that there was no justification to interfere with the order of the learned Single Judge, who dismissed in limine the Appeal from Order of the learned Judge of the City Civil Court.
(2.) Relying upon Keshavlal A. Patel v. Karsandas Ambalal Marfatia, 21 GLR 764, it was held that it could not be gainsaid that an application for restoration of application for setting aside an ex parte decree was competent. However, the Division Bench declined to interfere with the order of the learned Single Judge, who dismissed in limine the Appeal from Order of the learned Judge of the City Civil Court, as there was no justification for the second consecutive default and as the second application was dismissed mainly on the ground that it was not in time. Appeal dismissed. ;


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