High Court of Gujarat

PATEL VIMALKUMAR AMRUTLALversusTHE COMPETENT AUTHORITY AND SUB DIVISIONAL MAGISTRATE (EAST)

Disposal: 37-DISMISSED FOR DEFAULT @ ADMISSION
Bench: C DOSHI

Holding

The court ordered that non‑service of the rule to the remaining respondents by 4 May 2026 will result in dismissal for default and refusal of appeal registration.

Summary

The petitioner filed a civil application for condonation of delay, alleging that the court rule had not been served to several respondents. The court noted that the rule remained unserved to certain respondents and set a deadline of 4 May 2026 for service. It ordered that if service is not effected by that date, the proceedings will be dismissed for default without further referral to the court. Additionally, failure to serve by the next hearing date will result in the refusal of registration of the First Appeal. The order thus imposes strict procedural compliance and outlines the consequences of non‑service.

Issues considered

Whether the court should dismiss the proceedings for default if the rule is not served to the unserved respondents by the stipulated date
Whether the registration of the First Appeal should be refused for failure to serve the rule to the unserved respondents

Subjects

service of processcondonation of delaydefault dismissalcivil procedurefirst appeal

Judgment

           C/CA/4810/2024                                                           ORDER DATED: 13/04/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4810 of
                                2024

                                     In F/FIRST APPEAL/21974/2024

  ==========================================================
                   PATEL VIMALKUMAR AMRUTLAL
                               Versus
       THE COMPETENT AUTHORITY AND SUB DIVISIONAL MAGISTRATE
                           (EAST) & ORS.
  ==========================================================
  Appearance:
  KRUNAL S MEHTA(9227) for the Applicant(s) No. 1
  MR FEHAD A MEMON(13378) for the Applicant(s) No. 1
  RULE SERVED for the Respondent(s) No. 1,11,12,13,4,7
  RULE UNSERVED for the Respondent(s) No. 10,2,3,5,6,8,9
  ==========================================================

      CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                 Date : 13/04/2026

                                                        ORDER


             Cause          list        shows         that       rule        is     unserved             to      some
  respondents.                     If     the       rule        is     not        served          to     unserved
  respondents on or before 4.5.2026, present proceedings shall
  stand dismissed for default without referring the matter to the
  Court. In the event of not serving the unserved respondents
  on or before next date, registration of First Appeal shall stand
  refused. S.O. to 7.5.2026.



                                                                                                   (J. C. DOSHI,J)
  SHEKHAR P. BARVE

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 13/04/2026 14:22:16




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