Gujarat High Court
Parmar Abhesinh Chimanbhai vs Purva Rakesh Patel on 11 September, 2025
NEUTRAL CITATION
C/SCA/12562/2025 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12562 of 2025
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PARMAR ABHESINH CHIMANBHAI & ORS.
Versus
PURVA RAKESH PATEL
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Appearance:
MR UDAYAN P VYAS(1302) for the Petitioner(s) No. 1,2,3,4
MR MB GOHIL(2702) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 11/09/2025
ORAL ORDER
1. Rule returnable forthwith. Learned advocate Mr. M.B.
Gohil waives service of notice of rule on behalf of
respondent.
2. With the consent of the parties, the matter is taken up
for final hearing.
3. The present writ application is filed under Article 227 of
the Constitution of India seeking following relief :-
"(A) That, this Hon'ble Court be pleased to issue writ of Certiorari or
writ in the nature of Certiorari or any other appropriate writ, order or
direction quashing and setting aside the judgment and order dated 7 th
May, 2025 (Annexure "J") passed by the Learned 20th Additional
Senior Civil Judge, Vadodara below Application Exh. 100 in Special
Civil Suit No. 449 of 2015, and there upon the application Exhibit- 100
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C/SCA/12562/2025 ORDER DATED: 11/09/2025
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be pleased to allow.
(B) That, pending admission, hearing and final disposal of this
Petition, this Hon'ble Court be pleased to stay further proceeding of
Special Civil Suit No.449 of 2015 pending before the concerned
learned Civil Judge in the Court of Senior Civil Judge (S.D.),
Vadodara.
(C) That, this Hon'ble Court be pleased to pass such further and
other orders as the nature and circumstances of the case may require;
(D) That, this Hon'ble Court be pleased to award the cost of this
Petition."
4. The short issue germane in the present writ application
as regards to not allowing the production of an affidavit
supporting the video CD produced by the petitioner at Mark
12/6 being electronic document, which required as per
Section 65(B) of the Evidence Act, by the trial Court.
4.1 The trial Court while rejecting impugned application
filed below Exh. 100 by petitioner assigned the reasons that
though he produced video CD along with other documents in
the year 2016 but certificate in question came to be
produced for the first time on 11.08.2023, whereby, there is
no plausible explanation coming forth from the side of the
petitioner in submitting such certificate. Further, it observed
that the way in which certificate is submitted creates doubt.
5. Heard learned advocate Mr. Udayan P. Vyas for the
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petitioner and learned senior advocate Mr. Dhaval C. Dave
with learned advocate Mr. M.B. Gohil for the respondent.
6. After hearing learned advocates for the respective
parties for some time, learned senior advocate Mr. Dhaval C.
Dave with learned advocate Mr. M. B. Gohil for the
respondent - plaintiff, under the instruction of his client,
does not invite any reasons in the matter. Nonetheless,
learned senior advocate Mr. Dave would request this Court
that production of certificate as prayed for in the impugned
application below Exh. 100 may be allowed subject to rights
and contentions of the plaintiff to challenge it in accordance
with law during the course of trial may be kept open. He
would further agreed that the observations so made by the
trial Court while passing impugned order may also be
quashed and set aside. Nonetheless, learned senior advocate
Mr. Dhaval C. Dave, at this stage, would submit and request
this Court that considering the nature of dispute and the
challenge as regards the certificate in question sought to be
produced by the petitioner is going to be challenged by the
respondent/ plaintiff in the trial, such issue may be kept
open, to be adjudicated upon finally by the trial Court, at the
end of the trial of the suit.
7. Per contra, learned advocate Mr. Udayan Vyas for the
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petitioner has no objection to the request made by the
learned senior advocate Mr. Dave for the respondent that
such issue as regards the genuineness and veracity of the
certificate in question be decided by the trial Court, at the
end of trial of the suit.
8. Having heard learned advocates for the respective
parties, and after going through the impugned application so
also the order passed by the trial Court thereon, as there is a
consensus ad-idem between the parties, vis-a-vis the fact
that the order impugned dated 07.05.2025 passed by the
20th Additional Senior Civil Judge, Vadodara below
Application Exh. 100 in Special Civil Suit No. 449 of 2015, be
quashed and set aside, thus, the impugned order is hereby
quashed and set aside. Consequently, the impugned
application filed below Exh.100 in Special Civil Suit No. 449
of 2015 pending before the 20th Additional Senior Civil
Judge, Vadodara, is hereby allowed. No reasons assigned by
this Court, having not invited by the respective parties.
9. Accordingly, the production of the certificate in
question in support of electronic document at Mark 12/6 is
hereby allowed, thereby same is allowed to be produced on
record. Further, it is clarified that all plausible and available
contentions of respective parties of the suit are kept open,
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to be decided by trial Court, in accordance with law. It goes
without saying that the plaintiff can very well question the
genuineness as well as other aspect in regards to the
certificate in question sought to be produced by the
petitioner herein on record.
10. Further, it is also clarified that this Court has not
disturbed the order by assigning any reasons as there is a
consensus ad-idem between the parties. So, as and when,
having so raise appropriate contentions before the trial
Court in regards to the electronic evidence as well as the
certificate in question, on appreciation of evidence coming
forth on record, the trial Court shall decide afresh such issue,
albeit in accordance with law.
11. In view of the aforesaid, with consent, the present writ
application is hereby partly allowed to the aforesaid extent.
Rule is made absolute accordingly. No order as to costs.
Direct service is permitted.
(MAULIK J.SHELAT,J)
SALIM/
