Gujarat High Court
Shantaben Wd/O Chelji Kalidas Patel vs Nareshbhai Narayanbhai Patel on 8 August, 2025
NEUTRAL CITATION
C/SCA/11025/2021 ORDER DATED: 08/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11025 of 2021
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SHANTABEN WD/O CHELJI KALIDAS PATEL & ANR.
Versus
NARESHBHAI NARAYANBHAI PATEL & ANR.
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Appearance:
MR DA SANKHESARA(5955) for the Petitioner(s) No. 1,2
MR VISHVAJITSINH D CHAUHAN(10160) for the Respondent(s) No. 1
MR.KISHAN PRAJAPATI(7074) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 08/08/2025
ORAL ORDER
1. Rule returnable forthwith. Learned Advocate Mr. Divyang Joshi waives service of notice of Rule on behalf of respondent No.1.
2. Heard learned Advocate Mr. D. A. Sankhesara for the petitioners and learned Advocate Mr. Divyang Joshi for the respondent No.1. Though served, none appears for the respondent No.2.
3. The present writ application is filed under Article 227 of the Constitution of India, seeking the following reliefs:
"A. The Hon'ble Court may be pleased to issue writ of certiorari and /or any other appropriate writ, direction and order to quash and set aside the order dated 19.6.2021 passed by the learned Principal Page 1 of 6 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:07:33 IST 2025 NEUTRAL CITATION C/SCA/11025/2021 ORDER DATED: 08/08/2025 undefined Senior Civil Judge, Idar, on the application filed at Exh. 14 in Special Summary Suit No. 2 of 2018 and further be pleased to grant unconditional leave to the defendants to defend in Special Summary Suit No. 2 of 2018;
B. Pending hearing and final disposal of the petition, Your Lordships be pleased to stay the implementation, operation and execution of the 19.6.2021 passed by the learned Principal Senior Civil Judge, Idar, on application filed at Exh. 14 in Special Summary Suit No. 2 of 2018 and further be pleased to stay further proceedings of Special Summary Suit No. 2 of 2018;
C. To pass such other and further order/s necessary in the interest of justice."
4. As far as possible, the parties will be referred to as per their original positions before the Trial Court.
5. The short facts of the case appear to be that:
5.1. The petitioners herein are the original defendant Nos. 1 and 3 in Summary Suit No. 2 of 2018, which was filed by respondent No. 1 herein. Upon service of the summons for judgment, leave to defend application came to be filed by the petitioners. After hearing the parties, the Trial Court vide the order dated 19th June, 2021, has granted conditional leave to defend in favour of the petitioners, thereby directing the petitioners to deposit a sum of Rs.4,00,000/- with the Trial Court.
5.2. Feeling aggrieved and dissatisfied with impugned order, the Page 2 of 6 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:07:33 IST 2025 NEUTRAL CITATION C/SCA/11025/2021 ORDER DATED: 08/08/2025 undefined original defendant Nos.1 and 3 have preferred the present writ application.
6. At the outset, learned Advocate Mr.Sankhesara submitted that the attention of the Trial Court was drawn to the fact that the drawer of the cheque i.e. Cheljibhai Kalidas Patel, who happens to be husband and father of the petitioners herein, died in the year 2017. Post-dated cheque dated 6th June, 2018 was deposited by the plaintiffs and was dishonoured on 11th August, 2018, when the drawer of the cheque died prior to its presentation, no liability could have casted upon the defendants, being his family members.
7. It is further submitted that despite the aforesaid facts was brought to the notice of the Trial Court while submitting the leave to defend application, no reasons was assigned by Trial Court while passing the impugned order. Learned Advocate Mr.Sankhesara submits that the order is non-speaking to the extent having not dealt with the grounds of leave to defend application, which ought to have been taken care of, while granting leave to defend in favour of the defendants.
8. Per contra, learned Advocate Mr. Joshi, appearing for the plaintiffs, would submit that as such there is no error, much less any gross error of law, committed by the Trial Court while granting conditional leave to defend. It is submitted Page 3 of 6 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:07:33 IST 2025 NEUTRAL CITATION C/SCA/11025/2021 ORDER DATED: 08/08/2025 undefined that against the amount of cheque of Rs.14,00,000/-, only Rs.4,00,000/- is directed to deposited by defendants as a condition for leave to defend the summary suit, which is neither perverse nor erroneous. Learned Advocate Mr. Joshi further submitted that the defendants have agreed in presence of late Chelji Kalidas Patel that the amount which is mentioned in the cheque will be honoured at the time of its presentation and when such cheque was dishonoured, the liability of defendants would arise and thus, they are liable to pay the amount. Nonetheless, learned Advocate Mr.Joshi is unable to countenance the fact that there is no specific reasons assigned by the Trial Court dealing with the ground raised in the leave to defend application. So, he would request this Court that if the impugned order is quashed and set-aside, the matter may be remanded back to the Trial Court for its proper adjudication on its merits after giving an opportunity of hearing to all parties concerned.
9. Having heard the learned Advocates appearing for the respective parties, prima facie, it appears that the grounds which are raised in the leave to defend application are not discussed by Trial Court while partly allowing the leave to defend application. The issue which is germane in the matter is whether defendants would be held liable to pay any Page 4 of 6 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:07:33 IST 2025 NEUTRAL CITATION C/SCA/11025/2021 ORDER DATED: 08/08/2025 undefined amount towards a cheque which was drawn by late Chelji Kalidas Patel during his lifetime in favour of plaintiffs, which was undisputedly presented after his death. Such aspect of the matter is not at all discussed and answered by Trial Court while giving conditional leave to defend the suit in favour of the defendants. To that extent, the impugned order is erroneous and perverse and requires interference by this Court. After examining the matter in detail and also the submissions made by learned Advocates for the respective parties, this Court is of the opinion that impugned order is required to be quashed and set-aside and the matter is required to be remanded back to the Trial Court to decide leave to defend and summons for judgment applications afresh.
10. In view of the foregoing reasons, the impugned order dated 19th June, 2021 passed by Principal Senior Civil Judge, Idar below Exh.14 and below Exh.22 in Special Summary Suit No.2 of 2018 is hereby quashed and set-aside. Both these impugned applications i.e. Exh.14 and Exh.22, filed in Special Civil Suit No.2 of 2018 are restored back on their original file.
11. The Trial Court is hereby directed to hear and decide afresh both these applications (Exh.14 and Exh.22) filed in Special Page 5 of 6 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:07:33 IST 2025 NEUTRAL CITATION C/SCA/11025/2021 ORDER DATED: 08/08/2025 undefined Civil Suit No.2 of 2018 at the earliest after giving an opportunity of hearing to all parties concerned, but the same shall be adjudicated not later than 31st December, 2026.
12. It is further made clear that this Court has neither gone into nor examined the merits of the matter, but has quashed the impugned order only on the ground that it does not found any reasons for granting conditional leave in favour of the petitioners. Therefore, the Trial Court is requested to decide both the aforesaid applications independently, without being influenced by any of the observations made by this Court or made in the impugned order itself, but will have to decide the matter in accordance with law by passing reasoned order.
13. The present writ application is disposed of accordingly.
(MAULIK J.SHELAT,J) NRP Page 6 of 6 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:07:33 IST 2025