Gujarat High Court
Vasantiben Bhupendrabhai Sachde vs Rajeshbhai Premdas Bavaji on 1 May, 2026
NEUTRAL CITATION
C/SCA/19209/2021 ORDER DATED: 01/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19209 of 2021
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VASANTIBEN BHUPENDRABHAI SACHDE & ANR.
Versus
RAJESHBHAI PREMDAS BAVAJI & ORS.
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Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Petitioner(s) No. 1
MR HITESH V PATEL(6090) for the Petitioner(s) No. 1.1
DELETED for the Respondent(s) No. 4,5,7.1
MR DARSHANKUMAR P VEGAD(11612) for the Respondent(s) No. 1,2,3
NIYATI D CHAUHAN(9082) for the Respondent(s) No. 1,2,3
NOTICE SERVED for the Respondent(s) No. 6.1,6.2,6.3,6.4
REFUSED SERVED (N)(10) for the Respondent(s) No. 7.2,7.3
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 01/05/2026
ORAL ORDER
1. When the matter was taken up for hearing, learned advocate Mr. Darshankumar P. Vegad for respondent Nos.1 to 3 remained absent while learned advocate Ms. Niyati D. Chauhan has filed a sick note today. Though served, none appeared for and on behalf of rest of the respondents.
2. By way of this petition, under Articles 226 and 227 of the Constitution of India, 1950, the petitioners have prayed to quash and set aside the order dated 6.9.2021 passed by learned Principal Senior Civil Judge, Jetpur below application Page 1 of 4 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri May 01 2026 Downloaded on : Sat May 02 05:23:08 IST 2026 NEUTRAL CITATION C/SCA/19209/2021 ORDER DATED: 01/05/2026 undefined Exh.121 in Regular Civil Suit No.303 of 2004.
3. Heard learned advocate Mr. Hitesh V. Patel for the petitioner.
Perused the record.
4. It is the contention of learned advocate for the petitioner that the Power of Attorney Holder of the plaintiff was examined and, thereafter an application Exhibit 121 was submitted by the plaintiff seeking examination of witnesses which are mentioned in List of Witness - Exhibit 121. The learned trial Court rejected the application with cost on 6.9.2021, against which, the petitioner has filed this petition.
5. Learned advocate for the petitioner, at the outset, submitted that the plaintiff Vasantiben Bhupendrabhai Sachde whose name is mentioned in the list of witness, has expired pending present petition on 17.1.2022 and, therefore, a request was made to permit petitioners to examine witnesses mentioned at serial Nos.B to F of Exhibit 121. Learned advocate for the petitioners further contended that though the application Exhibit 121 is without any details with regard to the purpose of examining the witnesses, the petitioner may be permitted to Page 2 of 4 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri May 01 2026 Downloaded on : Sat May 02 05:23:08 IST 2026 NEUTRAL CITATION C/SCA/19209/2021 ORDER DATED: 01/05/2026 undefined file a fresh application with details regarding the purpose of examining such witnesses. It is further pointed out that pending this petition, the learned trial Court has closed the stage of evidence of plaintiffs.
6. I have considered the submissions canvassed by learned advocate for the petitioners and perused the papers available on record.
7. It appears that the application Exhibit 121, which is an application seeking permission to examine witnesses mentioned in Exhibit 121 is rejected by the learned trial Court. An application Exhibit 121 is a very cryptic application stating no details as to for what purpose and for what reason such witnesses are required to be examined on behalf of plaintiffs. As per the submission of learned advocate for the petitioners, the original plaintiff - Vasantiben Bhupendrabhai Sachde has expired and, therefore, the petitioners may be permitted to move a fresh application before the learned trial Court with details and reasons for examining such witnesses is found reasonable.
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NEUTRAL CITATION C/SCA/19209/2021 ORDER DATED: 01/05/2026 undefined
8. Considering the nature of dispute, the petitioners are hereby permitted to file a fresh application with reasons and the purpose of examining the witnesses which are mentioned at Sr. Nos.B to F of Exh.121. With this liberty, the present petition is allowed in above terms. Thereby, the impugned order dated 6.9.2021 passed by learned Principal Senior Civil Judge, Jetpur below application Exh.121 in Regular Civil Suit No.303 of 2004 is quashed and set aside.
9. It is made clear that the petitioners shall move an appropriate application within a period of 10 days from the date of receipt of copy of this order. The right to lead further evidence which has been closed by the learned trial Court is opened for the aforesaid purpose.
10. It is also made clear that this Court has not expressed any opinion on merits of the matter. No order as to costs. Direct Service is permitted.
(D. M. DESAI,J) vk Page 4 of 4 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri May 01 2026 Downloaded on : Sat May 02 05:23:08 IST 2026