Gujarat High Court
Dhanlakshmi Chemicals vs Jay Indravadan Sanghvi Owner Of Aanal ... on 11 November, 2025
NEUTRAL CITATION
C/FA/1194/2009 ORDER DATED: 11/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1194 of 2009
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DHANLAKSHMI CHEMICALS & ANR.
Versus
JAY INDRAVADAN SANGHVI OWNER OF AANAL MARKETING CO & ANR.
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Appearance:
IG JOSHI(8726) for the Appellant(s) No. 1,2
MR NV GANDHI(1693) for the Defendant(s) No. 1
RULE NOT RECD BACK for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 11/11/2025
ORAL ORDER
1. When the matter was taken up for hearing, it was pointed out by learned advocate for the respondent that the impugned judgment and decree is arising out of a summary suit which was decided by learned Small Causes Court at Ahmedabad. Learned advocate for the respondent has referred Section 38 of the Presidency Small Cause Courts Act, 1882 (hereinafter referred to as 'the Act'). It is further contended that as per the provisions contained under Section 38 of the Act, the jurisdiction would lie with the Appellate Bench of the Small Causes Court at Ahmedabad in cases where, the decree is passed by learned Small Causes Court at Ahmedabad. It is Page 1 of 5 Uploaded by RINKU MALI(HC01574) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 21:54:57 IST 2025 NEUTRAL CITATION C/FA/1194/2009 ORDER DATED: 11/11/2025 undefined further contended that therefore, this Hon'ble Court has no jurisdiction to try and decide the First Appeal as the competent Court would be the Appellate Bench of the learned Small Causes Court at Ahmedabad.
2. Per contra, learned Senior Counsel Mr. Gautam Joshi for the appellants could not contradict the aforesaid position of law. He has requested this Court to remit the appellants to the competent Court having jurisdiction to try and decide the First Appeal i.e. the Appellate Bench of the Small Causes Court at Ahmedabad. It is further conteded that as appellants were litigating before a wrong forum, the time consumed in challenginig the impugned judgment and decree may be excluded as and when appellants prefer appropriate proceedings before the appropriate Court.
3. I have considered the rival submissions of the learned advocates for the parties. Perused Record and Proceedings. It Page 2 of 5 Uploaded by RINKU MALI(HC01574) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 21:54:57 IST 2025 NEUTRAL CITATION C/FA/1194/2009 ORDER DATED: 11/11/2025 undefined appears that a summary suit was filed by the plaintiff before the learned Small Causes Court at Ahmedabad, wherein a decree came to be passed in favour of plaintiff. The said judgment and decree was assailed before this Court by way of First Appeal. It is an undisputed fact culls out from the record that the decree is passed by the competent Small Causes Court at Ahmedabad and Section 38 of the Act mandates that when the suit has been contested, the Small Cause Court may on the application of either party made within eight days from the date of the decree or order in the suit, order a new trial to be held. Section 38 of the Act is reproduced as under:-
"38. New trial of contested cases.-Where a suit has been contested, the Small Cause Court may, on the application of either party, made within eight days from the date of the decree or order in the suit (not being a decree passed under Section 522, of the Code of Civil Procedure (XIV of 1882)), order a new trial to be held, or alter, set aside or reverse the decree or order, upon such terms as it thinks reasonable, and may, in the meantime, stay the proceedings.
Explanation. - Every suit shall be deemed to be contested in which the decree is made otherwise than by consent of or in default of appearance by the defendant."
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NEUTRAL CITATION C/FA/1194/2009 ORDER DATED: 11/11/2025 undefined
4. In view of the above settled proposition of law, appellants are remitted to the Competent Appellate Bench of Small Causes Court at Ahmedabad having jurisdiction to try and decide the issue within a period of 15 days from the receipt of this order. As and when appellants avail the remedy contemplated under Section 38 of the Act, learned Court below shall consider the time consumed in litigating before this Court and decide the application on merits.
5. It is clarified that this Court has not opined anything on merits. The rights and contentions of both the the parties are left open. Since the parties are litigating since 1998, it is expected that the concerned Court below shall decide the appeal within a period of two months from the date of receipt of this order. Both the parties shall give full co-operation to the learned Court below in getting the matter decided on merits without seeking any unnecessary adjournments. Page 4 of 5 Uploaded by RINKU MALI(HC01574) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 21:54:57 IST 2025
NEUTRAL CITATION C/FA/1194/2009 ORDER DATED: 11/11/2025 undefined
6. In view of the above observations and directions, the present First Appeal stands disposed of accordingly. Necessary Court fees, if any, be refunded to the appellants.
7. Record and Proceedings, if any, be sent back to the concerned Court forthwith.
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