Rule.
The present Misc. Civil Application has been filed for recalling of the order passed by this Court (Coram : Bela Trivedi, J.) dated 02.05.2011, by which, the matter was dismissed for non-prosecution.
It is stated that the Court fees was the issue and there was misunderstanding by the advocate, which led to order of dismissal for non-prosecution.
Therefore, having regard to the facts and circumstances and considering the fact that the party need not to suffer for any misconception of the advocate or the matter should be decided on merits rather than on any such technicality, the present application deserves to be allowed.
Accordingly, the present application stands allowed and the order dated 02.05.2011 is hereby recalled. Main First Appeal No.1395 of 2011 is ordered to be restored to its file. Rule is made absolute.
(RAJESH H.SHUKLA, J.) /patil Top