[Cites 2, Cited by 0]
Gujarat High Court
Vasantiben Bhupendrabhai Sachde vs Rajeshbhai Premdas Bavaji on 1 May, 2026
NEUTRAL CITATION
C/SCA/19209/2021 ORDER DATED: 01/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19209 of 2021
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VASANTIBEN BHUPENDRABHAI SACHDE & ANR.
Versus
RAJESHBHAI PREMDAS BAVAJI & ORS.
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Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Petitioner(s) No. 1
MR HITESH V PATEL(6090) for the Petitioner(s) No. 1.1
DELETED for the Respondent(s) No. 4,5,7.1
MR DARSHANKUMAR P VEGAD(11612) for the Respondent(s) No. 1,2,3
NIYATI D CHAUHAN(9082) for the Respondent(s) No. 1,2,3
NOTICE SERVED for the Respondent(s) No. 6.1,6.2,6.3,6.4
REFUSED SERVED (N)(10) for the Respondent(s) No. 7.2,7.3
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 01/05/2026
ORAL ORDER
1. When the matter was taken up for hearing, learned advocate
Mr. Darshankumar P. Vegad for respondent Nos.1 to 3 remained
absent while learned advocate Ms. Niyati D. Chauhan has filed a
sick note today. Though served, none appeared for and on
behalf of rest of the respondents.
2. By way of this petition, under Articles 226 and 227 of the
Constitution of India, 1950, the petitioners have prayed to
quash and set aside the order dated 6.9.2021 passed by
learned Principal Senior Civil Judge, Jetpur below application
NEUTRAL CITATION
C/SCA/19209/2021 ORDER DATED: 01/05/2026
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Exh.121 in Regular Civil Suit No.303 of 2004.
3. Heard learned advocate Mr. Hitesh V. Patel for the petitioner.
Perused the record.
4. It is the contention of learned advocate for the petitioner that
the Power of Attorney Holder of the plaintiff was examined and,
thereafter an application Exhibit 121 was submitted by the
plaintiff seeking examination of witnesses which are mentioned
in List of Witness - Exhibit 121. The learned trial Court rejected
the application with cost on 6.9.2021, against which, the
petitioner has filed this petition.
5. Learned advocate for the petitioner, at the outset, submitted
that the plaintiff Vasantiben Bhupendrabhai Sachde whose
name is mentioned in the list of witness, has expired pending
present petition on 17.1.2022 and, therefore, a request was
made to permit petitioners to examine witnesses mentioned at
serial Nos.B to F of Exhibit 121. Learned advocate for the
petitioners further contended that though the application
Exhibit 121 is without any details with regard to the purpose of
examining the witnesses, the petitioner may be permitted to
NEUTRAL CITATION
C/SCA/19209/2021 ORDER DATED: 01/05/2026
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file a fresh application with details regarding the purpose of
examining such witnesses. It is further pointed out that pending
this petition, the learned trial Court has closed the stage of
evidence of plaintiffs.
6. I have considered the submissions canvassed by learned
advocate for the petitioners and perused the papers available
on record.
7. It appears that the application Exhibit 121, which is an
application seeking permission to examine witnesses
mentioned in Exhibit 121 is rejected by the learned trial Court.
An application Exhibit 121 is a very cryptic application stating
no details as to for what purpose and for what reason such
witnesses are required to be examined on behalf of plaintiffs. As
per the submission of learned advocate for the petitioners, the
original plaintiff - Vasantiben Bhupendrabhai Sachde has
expired and, therefore, the petitioners may be permitted to
move a fresh application before the learned trial Court with
details and reasons for examining such witnesses is found
reasonable.
NEUTRAL CITATION
C/SCA/19209/2021 ORDER DATED: 01/05/2026
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8. Considering the nature of dispute, the petitioners are hereby
permitted to file a fresh application with reasons and the
purpose of examining the witnesses which are mentioned at Sr.
Nos.B to F of Exh.121. With this liberty, the present petition is
allowed in above terms. Thereby, the impugned order dated
6.9.2021 passed by learned Principal Senior Civil Judge, Jetpur
below application Exh.121 in Regular Civil Suit No.303 of 2004
is quashed and set aside.
9. It is made clear that the petitioners shall move an appropriate
application within a period of 10 days from the date of receipt
of copy of this order. The right to lead further evidence which
has been closed by the learned trial Court is opened for the
aforesaid purpose.
10. It is also made clear that this Court has not expressed any
opinion on merits of the matter. No order as to costs. Direct
Service is permitted.
(D. M. DESAI,J)
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