High Court of Gujarat
BHURIYA HIMCHANDBHAI VALCHANDBHAIversusSTATE OF GUJARAT
- Decided
- Disposal
- 36-MCA DISPOSED OF
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court set aside the default dismissal and restored the Special Civil Application, subject to removal of objections within two weeks.
Summary
The petitioners Bhuriya Himchandbai Valchandbai and others filed a miscellaneous civil application seeking restoration of Special Civil Application No. 22404 of 2025, which had been dismissed for default because the petitioners failed to remove objections. The High Court examined the petitioners' averments, particularly those in paragraphs 2 and 3 of the restoration application. The Court held that the dismissal could be set aside and ordered the earlier special civil application to be restored to its original file. However, the restoration was made conditional upon the petitioners removing the outstanding objections within two weeks of the order. Accordingly, the restoration application was allowed and the matter disposed of on those terms.
Issues considered
- Whether a Special Civil Application dismissed for default can be restored on a petition for restoration.
- Whether the Court may condition the restoration on the removal of pending objections within a specified time.
Subjects
- restoration of suit
- default dismissal
- special civil application
- civil procedure
- Gujarat High Court
Judgment
C/MCA/1024/2026 ORDER DATED: 27/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1024 of 2026
In F/SPECIAL CIVIL APPLICATION/22404/2025
================================================================
BHURIYA HIMCHANDBHAI VALCHANDBHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR ARTH V PARGHI(11292) for the Applicant(s) No. 1,2,3,4,5,6
MR VD PARGHI(568) for the Applicant(s) No. 1,2,3,4,5,6
MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the
Opponent(s) No. 1,2,3,4,5,6,7
================================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 27/04/2026
ORDER
The present application is 昀椀led by the applicants for restoration
of the main matter being F/Special Civil Application No. 22404 of
2025, which came to be dismissed for default for non-removal of
o昀케ce objections vide order dated 14.08.2025.
Considering the averments made in the application, more
particularly, in paragraphs 2 and 3, the present application is hereby
allowed. The F/Special Civil Application No. 22404 of 2025 is ordered
to be restored to its original 昀椀le on condition that o昀케ce objections
shall be removed within a period of two weeks from today.
The present application stands disposed of accordingly.
(HEMANT M. PRACHCHHAK,J)
Dolly
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 27/04/2026 18:00:19
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