High Court of Gujarat

NIRANJAN MANILAL DARJIversusLEGAL HEIRS OF DECEASED KAMLABEN @ BABUBEN MANILAL TAILOR

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: MAULIK SHELAT

Holding

The court held that the amendment of the prayer clause is permissible and the second appeal should be restored to its original file.

Summary

The matter concerned a second appeal filed by NIRANJAN MANILAL DARJI against the legal heirs of the deceased. The appellant sought leave to amend the prayer clause of the appeal. Counsel for the applicant, Mr. Prateek S. Bhatia, was heard by the High Court of Gujarat. After reviewing the averments in the application, the court found that the amendment was permissible. Consequently, leave to amend the prayer clause was granted and the second appeal was ordered to be restored to its original file. The order was pronounced by Hon’ble Justice Maulik J. Shelat on 10 August 2026.

Issues considered

Whether leave to amend the prayer clause of the second appeal may be granted
Whether the second appeal should be restored to the original file

Subjects

amendment of prayer clausesecond appealcivil procedurehigh court orderrestoration of appeal

Judgment

      C/MCA/1187/2026                                                  ORDER DATED: 10/08/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/MISC. CIVIL APPLICATION NO. 1187 of 2026
                                     In
                        F/SECOND APPEAL/33040/2025
================================================================
                  NIRANJAN MANILAL DARJI
                          Versus
LEGAL HEIRS OF DECEASED KAMLABEN @ BABUBEN MANILAL TAILOR
                          & ORS.
================================================================
Appearance:
PRATEEK S BHATIA(8629) for the Applicant(s) No. 1
================================================================
  CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                        Date : 10/08/2026
                                         ORAL ORDER

1.      Leave to amend the prayer clause is granted. Necessary

incorporation be made, forthwith.



2.      Heard learned advocate Mr. Prateek S. Bhatia for the

applicant.



3.      Having heard learned advocate for the applicant and on
perusal        of    the      averments           made        in    the      application,          the

application deserves to be allowed which is hereby allowed in

terms of paragraph No.7(A).



4.      Subject to above, Registry is directed to restore the

Second Appeal on its original file.


                                                                        (MAULIK J.SHELAT,J)



Manoj Kumar Rai

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 10/08/2026 14:36:54


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