Gujarat High Court
Gautam Rajeshbhai Thacker vs State Of Gujarat on 29 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/10296/2025 ORDER DATED: 29/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10296 of 2025
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GAUTAM RAJESHBHAI THACKER
Versus
STATE OF GUJARAT
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Appearance:
MR MEHUL SHAH, SENIOR ADVOCATE WITH MR JENIL M SHAH(7840)
for the Petitioner(s) No. 1
MS HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 29/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Having heard the learned senior counsel appearing for the petitioner and perused the record, we may note that the present petition invoking extra-ordinary supervisory jurisdiction of the High Court under Article 227 of the Constitution of India has been filed to challenge the judgment and order dated 31.01.2025 passed by the Principal District Judge, Kutch at Bhuj, in setting aside the judgment and decree dated 10.05.2023 passed by the trial Court for summary disposal of the commercial suit. The appellate Court in the judgment and order dated 31.01.2025 passed in Commercial Appeal No.7 of 2023 categorically records that Page 1 of 3 Uploaded by A. B. VAGHELA(HC01079) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:38:15 IST 2025 NEUTRAL CITATION C/SCA/10296/2025 ORDER DATED: 29/07/2025 undefined the trial Court has committed an error of law in decreeing the suit by a summary judgment ignoring the procedure prescribed under Order XIIIA of Rule 4 of the Code of Civil Procedure.
2. The submissions of the learned senior counsel for the petitioner is only this much that there was a consensus between the parties which was expressed by the learned counsels appearing on their behalf making an endorsement on the rojkam that the suit can be decided by way of a summary judgment. However, it is admitted fact of the matter that no affidavit or consent terms have been filed by the parties giving liberty to the trial Court to decide the suit by a summary judgment. The finding is that the trial Court has ignored the procedure prescribed for disposal of the suit by summary judgment under Order XIIIA of the Code of Civil Procedure. The present was the case where Exh.23, an application under Order XIIIA was filed by the plaintiff requesting the Court for disposal of the suit by way of a summary judgment and within six days of the filing of the said application, the suit was disposed of appreciating the documentary evidence filed by the parties including that of the defendant, holding that there Page 2 of 3 Uploaded by A. B. VAGHELA(HC01079) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:38:15 IST 2025 NEUTRAL CITATION C/SCA/10296/2025 ORDER DATED: 29/07/2025 undefined is no real prospect of success of the defendant and the suit is to be summarily disposed of.
3. By the mere fact that on the application filed by the plaintiff on 04.05.2023, the suit was decreed by a summary judgment on 10.05.2023 without adhering to the procedure prescribed in Rule 4 or Order XIIIA, which requires atleast 30 days of notice of the date fixed for hearing or the claim that is proposed to be decided by the Court at such hearing, to the defendant, we find that the trial Court has committed a grave error of law in proceeding with the matter.
4. The reasoning given by the first Appellate Court to set aside the judgment and decree dated 10.05.2023 passed by the trial Court in Commercial Appeal No.7 of 2023, therefore, cannot be said to suffer from any manifest error of law. No good ground is made out for invoking our extra-ordinary jurisdiction under Article 227 of the Constitution of India to interfere. The present petition stands dismissed, accordingly.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) A. B. VAGHELA Page 3 of 3 Uploaded by A. B. VAGHELA(HC01079) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:38:15 IST 2025