High Court of Gujarat

SWAMI VIVEKANAND HOMOEOPATHICversusUNION OF INDIA

Decided: 4 February 2026
Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: NIRZAR S DESAI

Holding

The court held that, since the amendment had already been carried out, the rule may be made returnable immediately.

Summary

A special civil application was filed by Swami Vivekanand Homoeopathic against the Union of India and others. During the proceedings, the petitioners sought to amend the suit by adding new respondents designated as 2A and 2B. The learned advocate for the newly added respondents, Mr. Harsheel Shukla, voluntarily waived service of the rule on their behalf. The Hon'ble Justice Nirzar S. Desai observed that the amendment had already been effected and therefore ordered that the rule be made returnable forthwith. The order is purely procedural and does not dispose of the substantive merits of the case.

Issues considered

Whether the amendment adding respondents 2A and 2B can be permitted after filing of the application
Whether service of the rule on the newly added respondents can be waived

Subjects

amendment of parties
civil procedure
rule returnable
service waiver

Judgment

      C/SCA/17588/2016                                                          ORDER DATED: 04/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CIVIL APPLICATION NO.                                           17588 of 2016

=====================================================
            SWAMI VIVEKANAND HOMOEOPATHIC
                        Versus
                UNION OF INDIA & ANR.
=====================================================
Appearance:
MR UDAYAN P VYAS(1302) for the Petitioner(s) No. 1
ADVOCATE NOTICE NOT RECD BACK for the Respondent(s)
No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 1,2
MR SHUSHIL R SHUKLA(5603) for the Respondent(s) No. 1
=====================================================

  CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                       Date : 04/02/2026

                                              ORAL ORDER

          In     view         of      the        fact         that         the        amendment               has

already been carried out, Rule is made returnable

forthwith.                Learned             advocate               Mr.        Harsheel               Shukla

waives service of Rule on behalf of the newly added

Respondent Nos. 2A and 2B.

                                                                          (NIRZAR S. DESAI,J)


Pallavi


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 04/02/2026 15:41:59




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