Jayant V.Khandekar v. Sou.Deepali D.Purohit

919-NMT53-15.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 53 OF 2015 IN NOTICE OF MOTION NO. 155 OF 2014 IN TESTAMENTARY SUIT NO. 56 OF 1996 IN TESTAMENTARY PETITION NO. 79 OF 1995 Jayant V. Khandekar ...Plaintiff

Versus

Sou. Deepali D. Purohit ...Defendant Mr. Vishal Ghosalkar, for the Plaintiff.

Mr. N.D. Jaywant, for the Applicant/Defendant.

CORAM: G.S. PATEL, J DATED:

15th July 2015 PC:- 1.

Mr. Jaywant, learned Advocate on behalf of the Defendant, very candidly and fairly admits that it was on account of his own lapse that he could not remain present on 9th February 2015 when

919-NMT53-15.DOC an order was passed dismissing the Defendant's Notice of Motion No. 155 of 2014.

2.

It is now well settled that no litigant or party should suffer for the default of his or her Advocate. This needs no further discussion. Only on this ground, the present Notice of Motion must be allowed.

3.

The Notice of Motion is made absolute in terms of prayer clause (a). Notice of Motion No. 155 of 2014 is immediately restored to file and, by consent, taken up for hearing forthwith. (G. S. PATEL, J.)