LATE KAMLABEN NAGINBHAI ROHIT SINCE DIED THROUGH HER LEGAL HEIRSversusTALATI CUM MANTRI
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The court condoned the delay and ordered the restoration of the dismissed civil application, subject to removal of office objections within a week.
Summary
The legal heirs of the deceased Late Kamlaben Naginbhai Rohit filed a restoration application seeking to revive Special Civil Application No. 14570 of 2017, which had been dismissed for default due to failure to remove office objections. The court examined the reasons for the delay in filing the restoration request and found the explanation satisfactory. It consequently condoned the delay and ordered that the original case be restored to the file, subject to the condition that the office objections be removed within one week. The restoration application was allowed, and the matter was ordered to proceed on its original footing. The application was thereafter disposed of.
Issues considered
- Whether the delay in filing a restoration application for a dismissed civil suit can be condoned
- Whether a civil suit dismissed for default can be restored upon condonation of delay
Subjects
Judgment
C/MCA/1088/2026 ORDER DATED: 05/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1088 of 2026
In R/SPECIAL CIVIL APPLICATION/14570/2017
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LATE KAMLABEN NAGINBHAI ROHIT SINCE DIED THROUGH HER
LEGAL HEIRS & ORS.
Versus
TALATI CUM MANTRI & ORS.
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Appearance:
MR NIRAV C SANGHAVI(5950) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4
MR DAKSHESH MEHTA(2430) for the Opponent(s) No. 2,4,5
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 05/05/2026
ORAL ORDER
1. Draft amendment is allowed. To be carried out forthwith.
2. The present application is filed by the applicant seeking
restoration of the main matter being Special Civil Application No.
14570 of 2017, which came to be dismissed for default for non-
removal of office objections.
3. Considering the averments made in the application, giving
elaborate explanation with regard to the delay caused in
preferring the present application seeking restoration of Special
Civil Application No. 14570 of 2017, the present application is
hereby allowed. The delay is hereby condoned. The main matter
alongwith connected civil application/s, if any, is ordered to be
restored to its original file, on condition to remove office
objections within a period of one week from today.
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C/MCA/1088/2026 ORDER DATED: 05/05/2026
4. The present application stands disposed of accordingly.
(HEMANT M. PRACHCHHAK,J)
ANUSRI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 05/05/2026 17:14:28
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