LHS OF DECD.PATEL MADHABHAI PARSHOTTAMBHAI,LHS OF DECD.PATEL SANKABHAI MADHABHAIversusLEGAL HEIR OF DAHYABHAI NATHABHAI NAYEE
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- DIVYESH A JOSHI
Holding
The Court held that the application should be restored to its original file.
Summary
The applicants, Lhs. of Decd. Patel Madhabhai Parshottambhai and others, filed a Miscellaneous Civil Application No. 37703 of 2025 seeking restoration after it was dismissed for default due to want of prosecution. The respondents, the legal heir of Nayi Dahyabhai Nathabhai and others, opposed the restoration. Both parties were represented by Mr. Himansh J. Japee for the applicants and Mr. Aditya Pathak for the respondents. The Court examined the submissions and noted that the original dismissal was solely on procedural grounds of non‑prosecution. Finding that the applicants had made out a sufficient case, the Court allowed the restoration of the matter to its original file and permitted the draft amendment tendered by the applicant's counsel. Consequently, the restored application may proceed further.
Issues considered
- Whether a Miscellaneous Civil Application dismissed for default on account of want of prosecution can be restored under the Civil Procedure Code.
Subjects
Judgment
C/MCA/968/2026 ORDER DATED: 20/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 968 of 2026
In
F/MISC. CIVIL APPLICATION/37703/2025
In
R/SPECIAL CIVIL APPLICATION/2047/2012
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LHS OF DECD.PATEL MADHABHAI PARSHOTTAMBHAI,LHS OF
DECD.PATEL SANKABHAI MADHABHAI & ORS.
Versus
LEGAL HEIR OF NAYI DAHYABHAI NATHABHAI & ORS.
==========================================================
Appearance:
MR HIMANISH J JAPEE(11295) for the Applicant(s) No. 1,1.1,1.2,1.3
MR. ADITYA PATHAK for the Opponent(s) No. 6, 7, 8
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 20/04/2026
ORAL ORDER
The present application has been preferred by the
applicants seeking restoration of the matter, being Misc. Civil
Application No. 37703 of 2025, which came to be dismissed for
default on account of want of prosecution.
Heard learned advocate Mr. Himansh J. Japee for the
applicants and learned AGP Mr. Aditya Pathak for opponents.
Having considered the submissions canvassed by the
learned advocates appearing for the respective parties and
considering the fact that the main matter came to be dismissed
for default for want of prosecution, this Court is of the view that
the applicants have made out a case for restoration of the
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C/MCA/968/2026 ORDER DATED: 20/04/2026
petition. Hence, the present application deserves to be allowed.
The application is, therefore, allowed. The matter being
Misc. Civil Application No. 37703 of 2025 is hereby restored to its
original file.
Learned advocate appearing for the applicant has tendered
a draft amendment. The amendment is allowed in terms of the
draft. The same shall be carried out forthwith.
(DIVYESH A. JOSHI,J)
GARVITA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GARVITA KACHHWAHA(HC02358), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 22/04/2026 15:54:11
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