High Court of Gujarat

SURESHBHAI BHERURAM JAINversusCHAMPAKLAL MOTILAL JAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The court held that due to the inadvertent mis‑tagging, the First Appeal No.1804/2022 must be restored to its original file.

Summary

The applicant Sureshbhai Bheruram Jain filed a review application seeking to restore his First Appeal No.1804/2022 to its original file. The appeal concerned an enhancement of compensation but had been inadvertently grouped with other appeals filed by insurance companies and subsequently disposed of on the ground of small compensation. The court examined whether the procedural error justified a review and restoration of the appeal. It found that the mis‑tagging was a clear inadvertence that affected the proper administration of justice. Consequently, the court allowed the draft amendment and ordered the appeal to be reinstated. The order dated 24.02.2026 was thereby set aside to the extent of the error.

Issues considered

Whether a review of the order dated 24.02.2026 is permissible to correct the inadvertent tagging of the appeal.
Whether the First Appeal No.1804/2022 should be restored to its original file.

Subjects

reviewdraft amendmentcivil procedurecompensationmis‑taggingrestoration of appeal

Judgment

       C/MCA/955/2026                                                         ORDER DATED: 30/04/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/MISC. CIVIL APPLICATION (FOR REVIEW) NO. 955 of 2026
                  In R/FIRST APPEAL/1804/2022
==========================================================
                   SURESHBHAI BHERURAM JAIN
                                Versus
                CHAMPAKLAL MOTILAL JAT & ANR.
==========================================================
Appearance:
MR DARSHAN A. DAVE(7921) for the Applicant(s) No. 1
MS KIRTI S PATHAK(9966) for the Opponent(s) No. 2
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                          Date : 30/04/2026
                                               ORDER
         Draft amendment is allowed. To be carried out forthwith.
         Present application is filed seeking review of order dated 24.02.2026
passed by this Court in First Appeal No.1804 of 2022 and to restore First
Appeal No.1804/2022 to its original file.
         Having heard learned advocate for the applicant and learned
advocate for opponent No.2 and having considered the averments made in
the application, it appears that in the order dated 24.02.2026 passed by this
Court, due to inadvertence, though First Appeal No.1804/2022 is filed by
the original claimant seeking enhancement of compensation, same is
wrongly tagged alongwith other First Appeals filed by the insurance
company/s and which were disposed of on the ground of smallness of
amount of compensation.
         In view of above, present application is allowed and disposed of in
terms of prayer No.8(b) of the present application.
         Office note dated 27.04.2026 also stands disposed of in aforesaid
terms.


                                                                        (HASMUKH D. SUTHAR, J.)
Ajay
  Original copy of this order has been signed by the Hon'ble Judge.
  Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/04/2026 14:55:29



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