Gujarat High Court
Sudhaben W/O Pravinbhai Ranpura vs Bachubhai Kalabhai Thobhanbhai on 1 May, 2024
NEUTRAL CITATION
C/FA/2554/2022 ORDER DATED: 01/05/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2554 of 2022
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SUDHABEN W/O PRAVINBHAI RANPURA & ORS.
Versus
BACHUBHAI KALABHAI THOBHANBHAI & ORS.
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Appearance:
MR AMAR D MITHANI(484) for the Appellant(s) No. 1,2,3,4
for the Defendant(s) No. 20,21,25,26
MR RJ GOSWAMI(1102) for the Defendant(s) No.
1,11,12,13,14,15,16,17,18,19,2,20.1,21.1,22,23,24,25.1,26.1,27,28,29,3,30,3
1,4,5,6,7,8,9
UNSERVED EXPIRED (N) for the Defendant(s) No. 10
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 01/05/2024
ORAL ORDER
1. Heard learned advocate Mr. Mehul Shah for the
appellants and learned advocate Mr. Lakshit V. Patel on
behalf of learned advocate Mr. R.J. Goswami for the
respondents.
2. This Appeal is filed under Section 96 of the Civil
Procedure Code, 1908 (hereinafter referred to as "the Code"),
challenging the judgment and order dated 11.5.2021 passed
below Exh.51, rejecting the Special Civil Suit No.11 of 2020
under the provisions of Order 7 Rule 11(d) of the Code by the
learned Additional Senior Civil Judge, Morbi.
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C/FA/2554/2022 ORDER DATED: 01/05/2024
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3. Learned Senior Advocate Mr. Mehul Shah for the
appellants submitted that the defendants submitted an
Application Exh.51 on 3.3.2021 by invoking the provisions of
Order 7 Rule 11(d) of the Code. Appellant/s- plaintiff/s
submitted reply and written submissions vide Exh.52.
However, due to Corona Pandemic in the State of Gujarat in
the month of April, May - 2021, the court proceedings were
affected and the said Special Civil Suit No.11 of 2020 was
adjourned from time to time. An Application Exh.57 dated
28.4.2021 was filed by the plaintiffs and inter-alia,
contending that since no order below the Application Exh.51
has been passed a request was made to give an opportunity
of making oral submissions. The said Application was not
considered by the learned Trial Court and Application Exh.57
came to be rejected.
4. It is further submitted that because of the Corona
pandemic situation, virtual proceedings used to take place in
all the Courts. However, it was found that on 10.5.2021 and
11.5.2021, the learned advocate for the plaintiff who
appeared in the Trial Court, did not receive any link for
participation through virtual mode and resultantly, no
opportunity of making oral submissions was given to the
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C/FA/2554/2022 ORDER DATED: 01/05/2024
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appellants. On 11.5.2021, the Order below Exh.51 came to be
passed and the plaint under Order 7 Rule 11 came to be
rejected.
5. It is also submitted that in view of the fact that no
opportunity was given to the plaintiffs to canvass their
submissions orally, therefore the judgment and order may
be set aside and matter may be remanded back for fresh
hearing of Exh.52
6. Being aggrieved and dissatisfied by the said
judgment and order dated 11.5.2021, the present appellants
are before this Court.
7. Per contra, learned advocate Mr. Lakshit V. Patel
on behalf of learned advocate Mr. R.J. Goswami for the
respondents vehemently objected and submitted that the
written submissions were tendered by the plaintiffs, which
were considered by the learned Trial Court. Though
Application Exh.57 came to be rejected, the plaintiff did not
assail the order passed below Exh.57.
8. It is therefore submitted that the judgment and
order dated 11.5.2021 passed by the Trial Court does not
require any interference.
9. The undisputed fact which can be culled out from
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C/FA/2554/2022 ORDER DATED: 01/05/2024
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the record is that in the month of April- May, 2021, there was
an outbreak of Corona pandemic in the State of Gujarat and
all over India and because of such pandemic situation, the
Courts below pursuant to the direction issued by this Court
in the Circular dated 6.4.2021, working hours of the
subordinate Courts in the districts were limited into two
parts and further direction was also given by this Court vide
Circular dated 15.4.2021 that the subordinate Courts in the
State of Gujarat will function only virtually with effect from
19.4.2021. It is seen from the impugned judgment that
learned advocate for the plaintiff was not heard through
virtual mode while deciding the application Exh.52. Just to
give a full opportunity and applying the principles of natural
justice, I am of the view that an opportunity should be given
to the plaintiff-appellants to canvass their submissions
against the Application Exh.51, which is submitted by the
defendants under the provisions of order 7 Rule 11(d) of the
Code.
10. In view of the peculiar set of facts, I am of the
view that judgment and order passed below Exh.51 dated
11.5.2021 passed by the Learned Additional Senior Civil
Judge, Morbi in Special Civil Suit No.11 of 2020 is set aside.
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C/FA/2554/2022 ORDER DATED: 01/05/2024
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Plaintiff is granted an opportunity to submit their case orally
before the concerned Trial Court. Similarly defendants are
also permitted to submit orally their case.
11. It is further directed that both the sides shall not
request for any adjournments for making oral submissions
and the exercise of oral submissions shall be completed
within one week from the date of receipt of this order. After
such exercise, learned Trial Court shall decide the
Application Exh.51 afresh.
12. It is needless to clarify that this Court has not
examined the factual aspect of the matter and the learned
Trial Court shall decide the Application Exh.51 without being
influenced by the observation made hereinbelow. With this
observation, First Appeal is Allowed.
(D. M. DESAI,J)
MANISH MISHRA
