Gujarat High Court
Lalitkumar C Rao vs Chanda Mohanlal Dulhani on 12 August, 2025
NEUTRAL CITATION
C/SCA/7984/2013 ORDER DATED: 12/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7984 of 2013
==========================================================
LALITKUMAR C RAO & ANR.
Versus
CHANDA MOHANLAL DULHANI & ORS.
==========================================================
Appearance:
MR MAUNISH T PATHAK(5892) for the Petitioner(s) No. 1,2
ANKIT N MEHTA(7302) for the Respondent(s) No. 1
MR DHARMESH V SHAH(1050) for the Respondent(s) No. 1
MR IRSHADAHMAD B MEV(2551) for the Respondent(s) No. 1
MR SHARIF H SHAIKH(6826) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 4
RULE SERVED BY DS for the Respondent(s) No. 2,3
==========================================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 12/08/2025
ORAL ORDER
1. Heard learned Advocate Mr. Maunish T. Pathak for the
petitioners. Though served, none present for the
respondents. Learned Advocate Mr. Dharmesh V. Shah
appearing for the respondent No.1, on the last occasion made
a statement that he has no instructions to appear for
respondent No.1.
2. The present writ application is filed under Article 227 of the
Constitution of India, seeking the following reliefs:
NEUTRAL CITATION
C/SCA/7984/2013 ORDER DATED: 12/08/2025
undefined
"(A) Your Lordships may be pleased to quash and set aside the order
dated 10.4.2013 passed below Exh. 45 by the Ld. City Civil Judge,
Court no. 18, at Ahmedabad in Civil Suit (CCC) No. 5237 of 1999;
(B) Pending hearing and final disposal of this petition, Your Lordships
may be pleased to stay the impugned order dated 10.4.2013 passed
below Exh. 45 by the Ld. City Civil Judge, Court no. 18, at Ahmedabad
in Civil Suit (CCC) No. 5237 of 1999 admit the present Special Civil
Application;
(C) Your Lordships may be pleased to pass ex-parte ad interim relief in
terms of para 7 (B);
(D) Your Lordships may be pleased to pass such other and further
orders necessary in the interest of justice;
(E) Your Lordships may be pleased to award costs of this petition;"
3. At the outset, learned Advocate Mr. Pathak would submit that
the impugned application filed by the original plaintiff i.e.
respondent No.1 herein, is made under Order 6, Rule 17 and
Order 1 Rule 10 of the Code of Civil Procedure, 1908, which
was combinedly filed and the same is not permissible in law.
He would rely upon the decision of the Hon'ble Division
Bench of this Court in the case of Amad Noormamad Madakia
& 11 Other Versus Ghanchi Ismail Hasan Madakia & 9 Other
Reported in (2024) 1 GLR 396 . So, learned Advocate Mr.
Pathak would request this Court to interfere with the
impugned order passed by the Trial Court and requests to
remand the matter back to the Trial Court for giving an
NEUTRAL CITATION
C/SCA/7984/2013 ORDER DATED: 12/08/2025
undefined
opportunity of hearing to all parties concerned and especially
to the plaintiff to file independent applications under Order 6,
Rule 17 and Order 1, Rule 10 of C.P.C.
4. Having heard the learned Advocate Mr. Pathak and after
going through the impugned order, prima facie, it appears
that the impugned application filed by the original plaintiff
would be under Order 1, Rule 10 and Order 6, Rule 17 of
C.P.C. The issue germane in the matter is covered by the
decision of Hon'ble Division Bench of this Court in the case of
Amad Noormamad Madakia (supra), wherein, it has held as
under:
"[11] Insofar as the provisions of joining the party pending the suit
governed by O.1 R.10 of the CPC or seeking amendment in pleading
under O.6 R.17 of the CPC are concerned, they are independent
provision. Registration of notice of the suit for claiming the application
of principle of lis pendens as stated herein above is necessary in the
State of Gujarat; in absence thereof the plaintiff cannot ask that
transaction as pendent lite the suit is subservient to judgment and
decree; but question would arise that whether non-applicability of
principle of lis pendens would anyway affect the right of the plaintiff to
join the third party in the suit under O.1 R.10 of the CPC feeling that
presence of the party is necessary to adjudicate the dispute effectively.
Non-registration of the notice of the suit as provided in Section 52
applicable to the State of Gujarat would not deter the Court from
exercising power under O.1 R.10 of CPC feeling that presence of the
party is necessary for the expedient decision of the suit. Amendment in
the pleading has different fabric and connotations and it can be
NEUTRAL CITATION
C/SCA/7984/2013 ORDER DATED: 12/08/2025
undefined
decided on its own merits. It can be decided independently on merits
and contentions raised before the Court.
[12] What appears on plain reading of the application at Exh.24 filed
in the suit in question, the petitioner claimed combined relief under
O.1 R.10 along with O.6 R.17 of the CPC. Relief under O.1 R.10 and
O.6 R.17 of CPC are based on different cause and different
contentions. Combined application was not maintainable. Thus, the
case is required to be remanded back to the Court below for fresh
consideration.
[13] For the foregoing reasons and finding, the petition is allowed; the
impugned order is quashed and set aside. Matter is remanded back to
the Court below. It would be open for the petitioner to prefer two
separate application for claiming relief under O.1 R.10 and O.6 R.17 of
the CPC which shall be heard and decided strictly in accordance with
the law and independent of its merits uninfluenced by any of the
observations made herein above. Rule is made absolute to the above
extent."
(emphasis supplied)
5. In light of the above, the present writ application requires to
be allowed, which is hereby allowed. Consequently, the
impugned order dated 10.04.2013 passed below Exh.45 by
the City Civil Judge, Court No.18, at Ahmadabad in Civil Suit
(CCC) No.5237 of 1999 is hereby quashed and set-aside. The
matter is remanded back to the Court.
6. It would be open for the petitioner to prefer two separate
applications for claiming relief under Order 1, Rule 10 and
Order 6, Rule 17 of C.P.C., which shall be heard and decided
strictly in accordance with the law and independent of its
NEUTRAL CITATION
C/SCA/7984/2013 ORDER DATED: 12/08/2025
undefined
merits, uninfluenced by any of the observations made
hereinabove.
7. Rule is made absolute to the aforesaid extent.
(MAULIK J.SHELAT,J)
Nilesh
