High Court of Gujarat

SARASWATI TECHNICAL INSTITUTE THROUGH PATEL SAROJBEN JAYANTILALversusPRAJAPATI JAYANTIBHAI SHANKARBHAI

Decided: 26 February 2026
Disposal: 26-DISMISSED @ ADM.STAGE
Bench: C DOSHI

Holding

The court held that failure to file the DS affidavit for respondent No.4 by 27 March 2026 will result in dismissal of the proceedings for default.

Summary

Saraswati Technical Institute filed a civil revision application before the High Court of Gujarat. The court observed that a required DS affidavit for respondent No.4 had not been filed. The court directed that the affidavit be filed on or before 27 March 2026. It further ordered that if the affidavit is not filed by that date, the proceedings will be dismissed for default without further reference to the court. Interim relief previously granted will continue until the deadline.

Issues considered

Whether the proceedings should be dismissed for default due to the non‑filing of the DS affidavit of respondent No.4

Subjects

civil revision
default judgment
affidavit
procedural compliance

Judgment

                C/CRA/275/2021                                                            ORDER DATED: 26/02/2026




                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL REVISION APPLICATION NO. 275 of 2021

        ==========================================================
             SARASWATI TECHNICAL INSTITUTE THROUGH PATEL SAROJBEN
                                   JAYANTILAL
                                      Versus
                   PRAJAPATI JAYANTIBHAI SHANKARBHAI & ORS.
        ==========================================================
        Appearance:
        ANKURKUMAR D BAROT(8150) for the Applicant(s) No. 1
        MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
        DS AFF.NOT FILED (N) for the Opponent(s) No. 4
        MR NM PATEL(6042) for the Opponent(s) No. 1,2,3
        MR.RAJESH B SONI(2632) for the Opponent(s) No. 1,2,3
        ==========================================================

           CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                      Date : 26/02/2026

                                                        ORAL ORDER


                  Cause list shows that DS a idavit is not                                                        led for
        respondent No.4. If the DS a idavit qua that respondent is
        not        led on or before 23.3.2026, present proceedings shall
        stand dismissed for default without referring the matter to the
        Court.           S.O. to 27.3.2026.                         Interim relief granted earlier to
        continue till then.




                                                                                                        (J. C. DOSHI,J)
        SHEKHAR P. BARVE



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 26/02/2026 14:18:40




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