LEGAL HEIRS OF BHAGWANBHAI @ BHANGADBHAI NANABHAI MAHYAVANSHI vs DHELABHAI MAGANBHAI PATEL

Court
Gujarat High Court

C/SCA/567/2026 JUDGMENT DATED: 03/11/2026
(GJHC240003872026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 567 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE MAULIK J.SHELAT

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Approved for Reporting Yes No
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LEGAL HEIRS OF BHAGWANBHAI @ BHANGADBHAI NANABHAI
MAHYAVANSHI & ORS.
Versus
DHELABHAI MAGANBHAI PATEL & ORS.
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Appearance:
MR VICKY B MEHTA(5422) for the Petitioner(s) No.
1,1.1,1.1.1,1.1.2,1.1.3,1.2,1.2.1,1.2.2,1.2.3,1.3,1.4,1.5,1.5.1,1.5.2,1.5.3,1.6,1.
6.1,1.6.2,1.6.3,1.7,1.7.1,1.7.2,1.7.3,1.7.4
MS. YAKSHA N PATHAR(17412) for the Petitioner(s) No.
1,1.1,1.1.1,1.1.2,1.1.3,1.2,1.2.1,1.2.2,1.2.3,1.3,1.4,1.5,1.5.1,1.5.2,1.5.3,1.6,1.
6.1,1.6.2,1.6.3,1.7,1.7.1,1.7.2,1.7.3,1.7.4
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CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT

Date : 03/11/2026

JUDGMENT
1. Heard Mr. Vicky B. Mehta, learned advocate for the
petitioners.
2. This petition is filed under Article 226 & 227 of
Constitution of India, seeking the following reliefs.
“(a) The Hon’ble Court may be pleased to issue a writ of
certiorari or any appropriate writ, order or direction in the
nature of certiorari by directing the Court of the Learned
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C/SCA/567/2026 JUDGMENT DATED: 03/11/2026
(GJHC240003872026)
Principal Senior Civil Judge, Surat and the Registry to accept
the suit, i.e., plaint, documentary evidence list, documentary
evidence and interim application (Annexure-A colly.) and
register the same and give number;
(b) Grant such other and further relief/s as may be deemed fit
and proper in the interest of justice.”
3. At the outset, Mr. Mehta, learned advocate, would
submit that neither the Principal Senior Civil Judge, Surat
nor the Registrar of the Civil Court concerned had taken
the special civil suit intended to be filed by the
petitioners, which is produced at Annexure-A to this
petition and for which, the petitioners have to approach
this Court by way of this petition.
3.1. Mr. Mehta, learned advocate, would submit that the
Trial Court could not have refused to accept the paper of
the suit and the Registry ought to have at least registered
in the record that the petitioners have come with the copy
of special civil suit and then, after upon proper
examination, if the Trial Court could have found that the
suit in question is barred by the law, it was always open
for the Trial Court to exercise its power under Order VII
Rule 11 of CPC. It is submitted that under no
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C/SCA/567/2026 JUDGMENT DATED: 03/11/2026
(GJHC240003872026)
circumstances, the Trial Court could have refused to
accept the suit/plaint.
4. Having heard Mr. Mehta, learned advocate for the
petitioners and considering the prayer made in this
petition, prima facie , it seems that the petitioners appear
to have approached the Civil Court concerned with a copy
of the plaint of Special Civil Suit and it was not accepted
by the Court/Registry. Ordinarily, whenever any litigant
approaches the Court to file any application/plaint/suit, it
is the duty of the Court to accept such application/plaint
and after proper examination, it will be found that such
application/plaint is not maintainable for any reason. The
Court has ample power to reject such application/plaint
by exercising its power under Order VII Rule 11 of CPC.
But, in no case the Court can refuse to accept such
application/plaint.
5. Without further delving into any other aspects and
since the prayer made in this petition is confined with a
direction to be issued to the Court concerned to accept
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C/SCA/567/2026 JUDGMENT DATED: 03/11/2026
(GJHC240003872026)
the copy of plaint intended to be filed by the petitioners, I
pass the following order:
(i) The petitioners are permitted to present the copy of
the plaint (Special Civil Suit No.____of 2024), which is
produced at Annexure-A to this petition before the Civil
Court concerned on or before 30.11.2026.
(ii) The Registry of the Civil Court, Surat is hereby
directed to examine the copy of the plaint and having not
found any objection, it shall present before the Trial
Court concerned for its registration.
(iii) The Trial Court concerned shall examine the
averments made in the plaint and if it is not barred by any
law and/or it does not disclose cause of action or any
other defects and if it will not suffer from the other
defects as enumerated in Order VII Rule 11 of CPC, the
Trial Court is requested to register the suit.
(iv) The Trial Court shall also examine the aspect of its
jurisdiction and if it has no territorial and/or pecuniary
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C/SCA/567/2026 JUDGMENT DATED: 03/11/2026
(GJHC240003872026)
jurisdiction, it is always open for the Trial Court to return
the plaint as per Order VII Rule 10 of CPC.
6. It is made clear that this court has neither gone into
nor examined the merits of the matter and it is open for
the Trial Court to examine the aspect of admissibility of
the suit which the petitioners are intended to present
before it.
7. Before parting with, it is hereby observed that this
Court has without calling upon the respondents, has
issued the aforesaid direction. If they are seriously
aggrieved by the direction issued by this Court, it is open
for the respondents to prefer an appropriate application
for recalling/modification of this order within 15 days
from the date of receipt of copy of this order. The
petitioners are hereby directed to send a copy of this
order to the respondents at their respective addresses.
8. With the aforesaid observation and direction, the
present petition is allowed.
(MAULIK J.SHELAT,J)
SHAHANAZ
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