Case Note & Summary
The petitioner, M.N. Ranade, occupied premises owned by Bank of Maharashtra. The Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 passed an eviction order dated 27.01.2010 in Eviction Case No.1 of 2007. The petitioner challenged this order by filing Miscellaneous Appeal No.5 of 2010 before the City Civil Court, Greater Mumbai, which initially granted an ex-parte stay. However, the appeal was dismissed for default due to non-appearance of the petitioner or his advocate. The petitioner then filed Miscellaneous Application No.59 of 2011 seeking restoration of the appeal, citing his old age (85 years) and illness. The City Civil Court dismissed the restoration application on 12.10.2011, observing that the petitioner and his advocate had been consistently absent since 14.03.2011 and that the advocate had not discharged his responsibility. The High Court, in the present writ petition, examined whether the City Civil Court erred in dismissing the restoration application. The Court noted that the petitioner failed to produce any documentary evidence to support his claim of illness and that the advocate's conduct showed lack of diligence. The High Court held that the City Civil Court's order was justified and dismissed the writ petition, upholding the dismissal of the restoration application.
Headnote
A) Civil Procedure - Restoration of Appeal - Sufficient Cause - The petitioner sought restoration of an appeal dismissed for default, citing his old age (85 years) and illness. The City Civil Court dismissed the restoration application, finding that the petitioner and his advocate were consistently absent since 14.03.2011 and that the advocate failed to shoulder responsibility. The High Court upheld the dismissal, holding that the grounds did not inspire confidence and no sufficient cause was shown. (Paras 1-3)
Issue of Consideration
Whether the City Civil Court erred in dismissing the restoration application for want of sufficient cause when the petitioner claimed illness and old age.
Final Decision
The High Court dismissed the writ petition, upholding the order of the City Civil Court dated 12.10.2011 dismissing the restoration application.
Law Points
- Restoration of appeal dismissed for default
- Sufficient cause for absence
- Duty of advocate
- Public Premises (Eviction of Unauthorized Occupants) Act
- 1971
Case Details
2011 LawText (BOM) (10) 112
Writ Petition No.2116 of 2011
P.B. Majmudar, R.M. Savant
Ms. Seema Sarnaik i/by Mr. H.J. Kandalkar (for petitioner), Mr. Karl K. Shroff a/w Mr. Jayesh Desai and Mr. Pranay Rajput i/by Singhi and Co. (for respondent No.1)
Bank of Maharashtra, The Estate Officer
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Nature of Litigation
Writ petition challenging the dismissal of a restoration application in an eviction appeal.
Remedy Sought
The petitioner sought to set aside the order of the City Civil Court dismissing his restoration application and to restore the main appeal (Miscellaneous Appeal No.5 of 2010).
Filing Reason
The petitioner's appeal against an eviction order was dismissed for default, and his restoration application was dismissed by the City Civil Court.
Previous Decisions
The Estate Officer passed an eviction order on 27.01.2010 in Eviction Case No.1 of 2007. The City Civil Court dismissed the restoration application on 12.10.2011.
Issues
Whether the City Civil Court erred in dismissing the restoration application for want of sufficient cause.
Submissions/Arguments
The petitioner argued that he is 85 years old and ill, which caused his absence.
The respondent Bank opposed the restoration, contending that the petitioner and his advocate were consistently absent without any valid reason.
Ratio Decidendi
The court held that the petitioner failed to show sufficient cause for his absence and that of his advocate, and the City Civil Court's finding that the grounds did not inspire confidence was justified.
Judgment Excerpts
The learned Judge found that the grounds mentioned by the petitioner herein for restoring the Appeal, do not inspire confidence.
It was found that on perusing the Rozanama, the petitioner and his Advocate are consistently remained absent since 14.03.2011 and even subsequent dates thereafter.
Procedural History
The Estate Officer passed an eviction order on 27.01.2010. The petitioner filed Miscellaneous Appeal No.5 of 2010 in the City Civil Court, which was dismissed for default. The petitioner then filed Miscellaneous Application No.59 of 2011 for restoration, which was dismissed on 12.10.2011. The petitioner filed the present writ petition challenging that dismissal.
Acts & Sections
- Public Premises (Eviction of Unauthorized Occupants) Act, 1971: Section 3
