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
NEUTRAL CITATION
C/SCA/10296/2025 ORDER DATED: 29/07/2025
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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
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C/SCA/10296/2025 ORDER DATED: 29/07/2025
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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
