High Court of Gujarat

LAKHUBHAI PUNJABHAI MENAT(DECEASED)versusMULABHAI KHUSHALBHAI LUTIYA

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: MAULIK SHELAT

Holding

The court held that the revision application should be restored despite the procedural oversight.

Summary

The petitioners, Lakhubhai Punjab... (deceased) and others, filed a civil revision application (No. 26033 of 2025) seeking restoration after a procedural oversight prevented them from requesting restoration of a delay application within the revision. They argued that the omission was inadvertent. The learned advocate for the petitioners, Mr. Hari Brahmbhatt, contended that the court should still permit restoration despite the lapse. The court examined the application and, relying on its inherent powers under procedural rules, found that the application merited allowance as per paragraph 9(B). Consequently, the court ordered that the civil revision application and the connected civil application be restored to their original status.

Issues considered

Whether a civil revision application can be restored despite the petitioner's failure to request restoration of a delay application due to inadvertence.

Subjects

civil procedurerevisionrestorationprocedural lapsecourt discretion

Judgment

     C/MCA/1986/2026                                    ORDER DATED: 06/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 1986 of 2026

                     In F/CIVIL APPLICATION/28426/2025
               In F/CIVIL REVISION APPLICATION/26033/2025
==========================================================
           LAKHUBHAI PUNJABHAI MENAT(DECEASED) & ORS.
                             Versus
                  MULABHAI KHUSHALBHAI LUTIYA
==========================================================
Appearance:
MR HARI BRAHMBHATT FOR MR DHAVAL M BAROT(2723) for the
Applicant(s) No.
1,1.1,1.2,1.3,1.4,1.5,2,3,3.1,3.2,3.3,3.4,3.5,3.6,3.7,4,5,6,7,8,9
==========================================================

 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                 Date : 06/08/2026

                                  ORAL ORDER

1.    At     the       outset,    Mr.     Hari       Brahmbhatt,         learned

advocate appearing on behalf of Mr. Dhaval M. Barot,

learned advocate for the applicants, would submit that

due to inadvertence on the part of the applicants, while

seeking restoration of the revision application, they could

not request this Court to restore the delay application so

"led in the revision application.


2.    Having heard Mr. Brahmbhatt, learned advocate and

upon perusal of the application, the present application

deserves to be allowed, which is hereby allowed in terms

of Para 9(B).

                                     Page 1 of 2
          C/MCA/1986/2026                                                     ORDER DATED: 06/08/2026




   3.       Accordingly, Civil Revision Application No. 26033 of

   2025 along with connected Civil Application is ordered to

   be restored back on its original "le.

                                                                               (MAULIK J.SHELAT,J)
   SHAHANAZ

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SYED SHAHANAZ(HC02353), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 07/08/2026 18:26:35




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