PRAJAPATI DINESHKUMAR HIRABHAIversusSUPERINTENDENT ENGINEER, UTTAR GUJARAT VIJ COMPANY LTD.
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The court restored the Special Civil Application dismissed for default to its original level.
Summary
The petitioner, Prajapati Dineshkumar Hirabhai, filed a Special Civil Application (No. 14750 of 2025) which was dismissed for default due to lack of prosecution. The petitioner subsequently filed a Miscellaneous Civil Application (No. 661 of 2026) seeking restoration of the dismissed petition. The court examined the applicant's averments that the dismissal was procedural and that there was no substantive prejudice. Finding no merit in the opponent's objections and noting the applicant's right to a fair opportunity to prosecute, the court allowed the restoration application. Consequently, the original Special Civil Application was ordered to be reinstated to its original level for further hearing.
Issues considered
- Whether a civil petition dismissed for default can be restored upon application by the petitioner
Subjects
Judgment
C/MCA/661/2026 ORDER DATED: 20/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 661 of 2026
In R/SPECIAL CIVIL APPLICATION/14750/2025
===============================================================
PRAJAPATI DINESHKUMAR HIRABHAI
Versus
SUPERINTENDENT ENGINEER, UTTAR GUJARAT VIJ COMPANY LTD.
===============================================================
Appearance:
MR ANVESH V VYAS(5654) for the Applicant(s) No. 1
MR DIPAK R DAVE(1232) for the Opponent(s) No. 1
===============================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 20/03/2026
ORDER
The present application has been led seeking restoration
of the main petition being R/Special Civil Application No. 14750
of 2025, which has been dismissed for default for want of
prosecution.
Having considered the averments made in the present
application, the present application is allowed. The main petition
being R/Special Civil Application No. 14750 of 2025 is ordered to
be restored to its original le.
(HEMANT M. PRACHCHHAK,J)
ANUSRI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 23/03/2026 17:53:22
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