High Court of Gujarat
NIRANJAN MANILAL DARJIversusLEGAL HEIRS OF DECEASED KAMLABEN @ BABUBEN MANILAL TAILOR
- Decided
- 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 clause
- second appeal
- civil procedure
- high court order
- restoration 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
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NIRANJAN MANILAL DARJI
Versus
LEGAL HEIRS OF DECEASED KAMLABEN @ BABUBEN MANILAL TAILOR
& ORS.
================================================================
Appearance:
PRATEEK S BHATIA(8629) for the Applicant(s) No. 1
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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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