High Court of Gujarat

GUJARAT STATE ROAD TRANSPORT CORPORATIONversusGOPALBHAI RAMSINGHBHAI BHEDI

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: DEVAN M DESAI

Holding

A suit dismissed for want of prosecution may be restored if a proper application is filed.

Summary

The Gujarat State Road Transport Corporation filed an application seeking restoration of a main civil matter that had been dismissed for want of prosecution. The court examined the record and the arguments of counsel. It held that a dismissal for want of prosecution does not bar restoration if a proper application is made. Accordingly, the application was allowed and the suit was ordered to be restored to its original status. The order was signed by Justice Devan M. Desai on 5 March 2026.

Issues considered

Whether a suit dismissed for want of prosecution can be restored upon an application

Subjects

restoration of suitwant of prosecutionCivil Procedure CodeHigh Court of Gujaratapplication for restoration

Judgment

            C/MCA/1735/2025                                                       ORDER DATED: 05/03/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1735 of 2025

                                      In R/FIRST APPEAL/965/2025

    ==========================================================
             GUJARAT STATE ROAD TRANSPORT CORPORATION & ANR.
                                  Versus
                   GOPALBHAI RAMSINGHBHAI BHEDI & ORS.
    ==========================================================
    Appearance:
    MR HS MUNSHAW(495) for the Applicant(s) No. 1,2
    KEVAL H MAHARAJA(9062) for the Opponent(s) No. 1
    MR MJ MEHTA(5797) for the Opponent(s) No. 3
    MR SAURABH J MEHTA(2170) for the Opponent(s) No. 3
    ==========================================================

         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                Date : 05/03/2026

                                                  ORAL ORDER


              Heard learned advocates for the respective parties. Perused the

    record.

    2.        The present application is led for the restoration of the main

    matter which was dismissed for want of prosecution.

    3.        Perused the application and considered the submissions made

    by learned advocates for the respective parties.

    4.        This application is allowed. Thereby, the matter is ordered to be

    restored to its original status.


                                                                                              (D. M. DESAI,J)
    vk



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VATSAL KOTECHA(HC00352), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/03/2026 14:22:54




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