LATE KAMLABEN NAGINBHAI ROHIT SINCE DECEASED THROUGH LEGAL HEIRSversusTALATI CUM MANTRI
- Disposal
- 36-MCA DISPOSED OF
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court allowed the restoration of the dismissed Special Civil Application, condoned the 58‑day delay, and conditioned the restoration on removal of office objections within one week.
Summary
The applicant, Late Kamlaben Naginbhai Rohit (deceased) represented by legal heirs, filed a miscellaneous civil application seeking restoration of Special Civil Application No. 14569 of 2017, which had been dismissed for default due to non‑removal of office objections. The applicant explained a 58‑day delay in filing the restoration request. The Court examined whether such delay could be condoned and whether the dismissed application could be reinstated. Finding the explanation satisfactory, the Court condoned the delay, allowed the draft amendment, and ordered the restoration of the main matter to its original file, subject to removal of the office objections within one week. The application was consequently disposed in the applicant’s favour.
Issues considered
- Whether a delay of 58 days in filing a restoration application can be condoned under the Civil Procedure Code.
- Whether a Special Civil Application dismissed for default can be restored on condonation of delay, subject to removal of office objections.
Subjects
Judgment
C/MCA/1010/2026 ORDER DATED: 27/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1010 of 2026
In R/SPECIAL CIVIL APPLICATION/14569/2017
================================================================
LATE KAMLABEN NAGINBHAI ROHIT SINCE DECEASED THROUGH
LEGAL HEIRS & ORS.
Versus
TALATI CUM MANTRI & ORS.
================================================================
Appearance:
MR NIRAV C SANGHAVI(5950) for the Applicant(s) No. 1
MR DAKSHESH MEHTA(2430) for the Opponent(s) No. 2,4,5
================================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 27/04/2026
ORDER
1. Draft amendment is allowed. To be carried out forthwith.
2. The present application is filed by the applicant seeking
restoration of the main matter being Special Civil Application No.
14569 of 2017, which came to be dismissed for default for non-
removal of office objections.
3. Considering the averments made in the application, more
particularly, in paragraph 3, giving elaborate explanation with regard
to the delay caused in preferring the present application seeking
restoration of Special Civil Application No. 14569 of 2017, the present
application is hereby allowed. The delay of 58 days is hereby
condoned. The main matter alongwith connected civil application/s, if
any, is ordered to be restored to its original file, on condition to
remove office objections within a period of one week from
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C/MCA/1010/2026 ORDER DATED: 27/04/2026
today.
4. The present application stands disposed of accordingly.
(HEMANT M. PRACHCHHAK,J)
Dolly
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 27/04/2026 18:11:17
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