High Court of Gujarat

PASCHIM GUJARAT VIJ COMPANY LIMITEDversusKIRITKUMAR NARSINHDAS DATANI

Disposal: 46-ANY OTHER MODE @ FH
Bench: C DOSHI

Holding

The appeal is remitted to the District Court, Devbhoomi Dwarka, and discontinued from the High Court's jurisdiction.

Summary

Paschim Gujarat Vij Company Limited appealed a civil suit against Kiritkumar Narsindas Datani, with the suit valued at Rs.6,08,064.90. The High Court, applying the Gujarat Civil Courts Act, found that the value exceeded the jurisdictional limit for a first appeal before it. Consequently, the Court ordered the appeal to be remitted to the learned District Court, Devbhoomi Dwarka, for fresh consideration, without examining the merits. The appeal was therefore discontinued from the High Court's jurisdiction. The parties' contentions remain open for argument before the District Court, which was directed to decide the case within three months.

Issues considered

Whether the High Court has jurisdiction to entertain a first appeal in a civil suit valued at Rs.6,08,064.90

Subjects

jurisdictioncivil suit valuationremandappellate procedureGujarat Civil Courts Act

Judgment

      C/FA/65/2011                               ORDER DATED: 30/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 65 of 2011

==========================================================
                 PASCHIM GUJARAT VIJ COMPANY LIMITED
                                Versus
                    KIRITKUMAR NARSINHDAS DATANI
==========================================================
Appearance:
MR SP HASURKAR(345) for the Appellant(s) No. 1
MR RC KAKKAD(389) for the Defendant(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                            Date : 30/07/2026

                                ORDER


      In view of the provisions contained in Gujarat Civil
Courts Act, since the suit is valued at Rs.6,08,064.90 paisa,
the matter may be remitted to the learned District Court,
Devbhoomi Dwarka for fresh consideration.


      The First Appeal is remitted to the learned District
Court,      Devbhoomi      Dwarka         for   fresh     consideration.
Accordingly, it is discontinued from the jurisdiction of this
Court.


      Needless to state that this Court has not examined the
merits of the case and therefore, all the contentions of all the
parties are kept open to be agitated before the learned
District Court, Devbhoomi Dwarka.


      Registry is directed to remit back entire records and


                                Page 1 of 2
             C/FA/65/2011                                                          ORDER DATED: 30/07/2026




   proceedings of the First Appeal to the learned District Court,
   Devbhoomi Dwarka keeping the copies of the same with it.


             The learned District                           Court, Devbhoomi                          Dwarka is
   directed to decide the case as early as possible, preferably
   within three months from the date of receipt of copy op this
   order.



                                                                                                   (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 30/07/2026 14:23:51




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