Modification of Judgment dtd.

02/02/2026 in R/SCA/19963/2022

0.6606339088562905 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 19963 of 2022 [On note for speaking to minutes of order dated 02/02/2026 in R/SCA/19963/2022 ]

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RATHVA MEENABEN PAHADSINH & ANR.

Versus SOLANKI KARANSINH GEMALSINH & ORS.

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Appearance:

MR AV NAIR(5602) for the Petitioner(s) No. 1,2 MR DHRUV K DAVE(6928) for the Respondent(s) No. 1,2,3,4,5,6,7 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 19/02/2026

ORAL ORDER

As mentioned in the Note and as per the arguments advanced by the learned advocate for the petitioners, in the judgment dated 02.02.2026, paragraph Nos. 3, 6 and 15 are rectified.

"Thereafter, an application came to be filed by the plaintiff under Order IX Rule 9 of the code for setting aside the dismissal of the Suit, alongwith the application for condonation of delay, being Civil Misc. Application No. 16 of 2019, before the Learned Trial Court. The said application for condonation came to be dismissed on 22.09.2021, against which the petitioners filed Civil Misc. Appeal No. 5 of 2021 before the Learned District Court. The learned District Court while deciding the Civil Misc. Appeal against the rejection of application for condonation of delay under Section 5 of the Limitation Act, 1963 in preferring the application under Order IX Rule 9, observed that the Civil Misc. Appeal is not maintainable and the same came to be dismissed against which the present petitioners are before this Court."

"The said order of rejection was assailed by the petitioners by way of Civil Misc. Appeal before the learned District Court at Bodeli against the order passed in the application for condonation of delay under Section 5 of the Limitation Act, by the Learned Trial Court. The learned Addl. District and Sessions Court while rejecting the Civil Misc. Appeal is not maintainable. It is also observed that an order passed in the application for condonation of delay in preferring the application under Order IX Rule 9 for setting aside the dismissal of the suit, is not an appealable order."

"In the aforesaid context and considering the provisions as well as the law laid down by the Hon'ble Apex Court, I am of the view that the learned Additional District and Sessions Judge, Chhotaudepur, at Bodeli has committed a jurisdictional error by rejecting the Civil Misc. Appeal on the ground of non- maintainability. Resultantly, the impugned order dated 30.06.2022 passed by the learned Additional District and Sessions Judge is hereby quashed and set aside. The learned Additional District and Sessions Judge is directed to decide the Civil Misc. Appeal against the rejecting of the application for condonation of delay filed under Section 5 of the Limitation Act by the Trial court, on merits and strictly as per the provisions of law. While deciding the Civil Misc. Appeal, the learned District Court shall not be influenced by any of the observations made hereinabove."

Rest of the judgment portion remains as it is.

The Registry may issue fresh writ accordingly.

The note for speaking to minutes disposed of accordingly.

(D. M. DESAI,J)

SHIVANI SHUKLA R/SCA/19963/2022

0.6606339088562905 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 19963 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DEVAN M. DESAI ==========================================================

Approved for Reporting Yes No ==========================================================

RATHVA MEENABEN PAHADSINH & ANR.

Versus SOLANKI KARANSINH GEMALSINH & ORS.

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Appearance:

MR AV NAIR(5602) for the Petitioner(s) No. 1,2 MR DHRUV K DAVE(6928) for the Respondent(s) No. 1,2,3,4,5,6,7 ==========================================================

CORAM:HONOURABLE MR. JUS