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Bombay High Court

ANANT GANPAT DAMUSHTEversusPARSHURAM SITARAM GHAG (SINCE DECEASED THR. L/h 1A TO 1B

Disposal
Dismissed

Holding

The order rejecting the application was not a decision on merits; the petitioner may re‑file the application with legible documents.

Summary

The petitioner filed a writ petition challenging an order dated 05‑11‑2025 that rejected his Application Exh.25 filed under Order XXI Rule 35 of the Civil Procedure Code because the documents submitted were not legible. The learned judge observed that the rejection was not on the merits but solely on the lack of legibility, and that the petitioner should have been given a chance to produce readable documents. Consequently, the court held that the impugned order did not forfeit the petitioner’s right to re‑file the application with proper documents. The writ petition was therefore disposed, granting the petitioner liberty to file the application again with legible papers, which will be decided on its merits. The decision underscores the procedural requirement of submitting legible documents and the court’s duty to allow a fair opportunity to correct deficiencies.

Issues considered

  • What is the effect of an order rejecting an application under Order XXI Rule 35 of the CPC on the petitioner’s right to re‑file the application with legible documents?
  • Whether the rejection of the application on the ground of illegibility amounts to a decision on merits, thereby forfeiting the petitioner’s right to file a fresh application.

Legislation cited

Subjects

  • Writ petition
  • Order XXI Rule 35
  • Civil Procedure Code
  • Legible documents
  • Procedural fairness
  • Application rejection

Judgment

                                                                                    77-WP-4052-2026=.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 4052 OF 2026
          Digitally
          signed by
          UDAY
                       Anant Ganpat Damushte                                     … Petitioner
UDAY      SHIVAJI
SHIVAJI   JAGTAP
                                        Vs.
JAGTAP    Date:
          2026.08.27
          18:38:51
          +0530        Parshuram Sitaram Ghag (since Deceased Thr. L/h           … Respondent
                       1a To 1b
                                                      ………….
                       Mr. Rahul Shridhar Rane for the Petitioner
                                                      ………….
                                                         CORAM : SHAILESH P. BRAHME, J.

                                                         DATE       : 25th AUGUST, 2026.
                       P. C. :

                       .         Heard.

                       2.        The petitioner challenges order dated 05.11.2025 rejecting

                       Application Exh.25 which was preferred under Order XXI Rule 35 of the

                       CPC.

                       3.        It is observed by learned Judge while rejecting Application Exh.25

                       that petitioner did not produce on record legible documents. There is no

                       rejection on merits of the matter.       Instead of rejecting the application,

                       the learned Judge should have granted opportunity to the petitioner to

                       produce on record the relevant papers. The impugned order does not

                       forfeit the right of the petitioner to file application along with relevant

                       and legible documents.

                       Uday S. Jagtap                      1 of 2
                                                           77-WP-4052-2026=.doc




4.       In that view of the matter, the Writ Petition is disposed of with

liberty to the petitioner to file application along with relevant and legible

documents, which shall be dealt with on its own merits.




                                            ( SHAILESH P. BRAHME, J. )




Uday S. Jagtap                     2 of 2


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