Special Civil Application challenging the restoration of a suit dismissed for default. The High Court held the petition meritless, finding the impugned order well-reasoned and free from perversity, and dismissed the application.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/15436/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15436 of 2020
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KESHUBHAI SAMAT KARAVADRA
Versus
MALIBEN SAMAT KARAVADRA (MALIBEN KESHUBHAI KESHWALA) & 2 other(s)
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Appearance:
HCLS COMMITTEE(4998) for the Petitioner(s) No. 1 MR PV PATADIYA(5924) for the Petitioner(s) No. 1 for the Respondent(s) No. 1,2,3
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 11/12/2020
ORAL ORDER
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C/SCA/15436/2020 ORDER
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C/SCA/15436/2020 ORDER
with no order as to costs.
(ASHUTOSH J. SHASTRI, J)
NAIR SMITA V.
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2 issues framed by the court
Whether the High Court should exercise extraordinary jurisdiction under Article 227 to set aside the restoration of a suit dismissed for default.
Whether the impugned order restoring the suit proceedings was arbitrary or devoid of legal basis.
1 provisions across 1 enactments
Keshubhai Samat Karavadra
Maliben Samat Karavadra
Ashutosh J. Shastri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
