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High Court of Gujarat

PRAJAPATI DINESHKUMAR HIRABHAIversusSUPERINTENDENT ENGINEER, UTTAR GUJARAT VIJ COMPANY LTD.

Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The court restored the Special Civil Application dismissed for default to its original level.

Summary

The petitioner, Prajapati Dineshkumar Hirabhai, filed a Special Civil Application (No. 14750 of 2025) which was dismissed for default due to lack of prosecution. The petitioner subsequently filed a Miscellaneous Civil Application (No. 661 of 2026) seeking restoration of the dismissed petition. The court examined the applicant's averments that the dismissal was procedural and that there was no substantive prejudice. Finding no merit in the opponent's objections and noting the applicant's right to a fair opportunity to prosecute, the court allowed the restoration application. Consequently, the original Special Civil Application was ordered to be reinstated to its original level for further hearing.

Issues considered

  • Whether a civil petition dismissed for default can be restored upon application by the petitioner

Subjects

restorationdefault dismissalcivil procedurespecial civil applicationhigh court

Judgment

         C/MCA/661/2026                                                   ORDER DATED: 20/03/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 661 of 2026
                     In R/SPECIAL CIVIL APPLICATION/14750/2025

 ===============================================================
               PRAJAPATI DINESHKUMAR HIRABHAI
                             Versus
    SUPERINTENDENT ENGINEER, UTTAR GUJARAT VIJ COMPANY LTD.
 ===============================================================
 Appearance:
 MR ANVESH V VYAS(5654) for the Applicant(s) No. 1
 MR DIPAK R DAVE(1232) for the Opponent(s) No. 1
 ===============================================================

    CORAM:HONOURABLE MR. JUSTICE HEMANT M.
          PRACHCHHAK

                                          Date : 20/03/2026

                                                  ORDER


           The present application has been led seeking restoration
 of the main petition being R/Special Civil Application No. 14750
 of 2025, which has been dismissed for default for want of
 prosecution.


           Having considered the averments made in the present
 application, the present application is allowed. The main petition
 being R/Special Civil Application No. 14750 of 2025 is ordered to
 be restored to its original le.

                                                               (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 23/03/2026 17:53:22




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