SHAMBHUBHAI J. PRAJAPATI (TRANSPOSED AS RESPONDENT NO.8)versusTHE STATE OF GUJARAT
- Disposal
- 36-MCA DISPOSED OF
- Bench
- DIVYESH A JOSHI
Holding
A suit dismissed for default for non‑prosecution may be restored where the applicant makes out a case, and the accompanying amendment may be allowed.
Summary
The applicants, Shambhubhai J. Prajapati & ors., filed a miscellaneous civil application seeking restoration of Special Civil Application No. 27447 of 2007, which had been dismissed for default due to non‑prosecution. The respondents opposed the restoration. The Court examined the submissions and noted that the dismissal was solely for procedural default. It found that the applicants had satisfied the requirements for restoration under the civil procedure rules. Consequently, the Court allowed the restoration application, reinstated the original petition to its file, and permitted the draft amendment tendered by the applicants.
Issues considered
- Whether a civil suit dismissed for default for non‑prosecution can be restored under the Code of Civil Procedure?
- Whether a draft amendment to the restored petition may be permitted?
Subjects
Judgment
C/MCA/883/2026 ORDER DATED: 16/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 883 of 2026
In
R/SPECIAL CIVIL APPLICATION/27447/2007
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SHAMBHUBHAI J PRAJAPATI & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR. AADIT R SANJANWALA(9918) for the Applicant(s) No. 1,2,3,4,5
MR. JAY TRIVEDI, AGP for the Opponent(s) No. 1,2,3
MR MANISH J PATEL(2131) for the Opponent(s) No. 4,5
MS DIPMALA S DESAI(6596) for the Opponent(s) No. 6
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 16/04/2026
ORAL ORDER
The present application has been preferred by the
applicants seeking restoration of the main matter, being Special
Civil Application No. 27447 of 2007, which came to be dismissed
for default on account of non-prosecution.
Heard learned advocate Mr. Aadit R. Sanjanwala for the
applicants and learned AGP Mr. Jay Trivedi for Opponent Nos. 1,
2, 3.
Having considered the submissions canvassed by the
learned advocates appearing for the respective parties and
considering the fact that the main matter came to be dismissed
for default for non-prosecution, this Court is of the view that the
applicants have made out a case for restoration of the petition.
Hence, the present application deserves to be allowed.
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C/MCA/883/2026 ORDER DATED: 16/04/2026
The application is, therefore, allowed. The main matter
being Special Civil Application No. 27447 of 2007 is hereby
restored to its original file.
Learned advocate appearing for the applicants has
tendered a draft amendment. The amendment is allowed in
terms of the draft. The same shall be carried out forthwith.
(DIVYESH A. JOSHI,J)
GARVITA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GARVITA KACHHWAHA(HC02358), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 16/04/2026 17:51:09
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