High Court of Gujarat
LAKHUBHAI PUNJABHAI MENAT(DECEASED)versusMULABHAI KHUSHALBHAI LUTIYA
- Decided
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- MAULIK SHELAT
Holding
The court held that the revision application should be restored despite the procedural oversight.
Summary
The petitioners, Lakhubhai Punjab... (deceased) and others, filed a civil revision application (No. 26033 of 2025) seeking restoration after a procedural oversight prevented them from requesting restoration of a delay application within the revision. They argued that the omission was inadvertent. The learned advocate for the petitioners, Mr. Hari Brahmbhatt, contended that the court should still permit restoration despite the lapse. The court examined the application and, relying on its inherent powers under procedural rules, found that the application merited allowance as per paragraph 9(B). Consequently, the court ordered that the civil revision application and the connected civil application be restored to their original status.
Issues considered
- Whether a civil revision application can be restored despite the petitioner's failure to request restoration of a delay application due to inadvertence.
Subjects
- civil procedure
- revision
- restoration
- procedural lapse
- court discretion
Judgment
C/MCA/1986/2026 ORDER DATED: 06/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1986 of 2026
In F/CIVIL APPLICATION/28426/2025
In F/CIVIL REVISION APPLICATION/26033/2025
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LAKHUBHAI PUNJABHAI MENAT(DECEASED) & ORS.
Versus
MULABHAI KHUSHALBHAI LUTIYA
==========================================================
Appearance:
MR HARI BRAHMBHATT FOR MR DHAVAL M BAROT(2723) for the
Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,2,3,3.1,3.2,3.3,3.4,3.5,3.6,3.7,4,5,6,7,8,9
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 06/08/2026
ORAL ORDER
1. At the outset, Mr. Hari Brahmbhatt, learned
advocate appearing on behalf of Mr. Dhaval M. Barot,
learned advocate for the applicants, would submit that
due to inadvertence on the part of the applicants, while
seeking restoration of the revision application, they could
not request this Court to restore the delay application so
"led in the revision application.
2. Having heard Mr. Brahmbhatt, learned advocate and
upon perusal of the application, the present application
deserves to be allowed, which is hereby allowed in terms
of Para 9(B).
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C/MCA/1986/2026 ORDER DATED: 06/08/2026
3. Accordingly, Civil Revision Application No. 26033 of
2025 along with connected Civil Application is ordered to
be restored back on its original "le.
(MAULIK J.SHELAT,J)
SHAHANAZ
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SYED SHAHANAZ(HC02353), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 07/08/2026 18:26:35
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