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
NEUTRAL CITATION
C/FA/1194/2009 ORDER DATED: 11/11/2025
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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
NEUTRAL CITATION
C/FA/1194/2009 ORDER DATED: 11/11/2025
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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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C/FA/1194/2009 ORDER DATED: 11/11/2025
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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.
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C/FA/1194/2009 ORDER DATED: 11/11/2025
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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.
(D. M. DESAI,J)
RINKU MALI
