High Court of Gujarat

NEW INDIA ASSURANCE CO. LTDversusTANSPORTTARADE

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: ILESH VORAR T VACHHANI

Holding

The appeal is dismissed for non‑appearance of counsel under Order 41 Rule 17 CPC.

Summary

The appellant filed a first appeal (No. 1324 of 2007) against the respondents. During the hearing, the counsel for the appellant failed to remain present to assist the Court. The Court observed that no one had appeared to pursue the appeal for a long time, indicating a lack of interest in pursuing the matter on its merits. Consequently, the Court dismissed the appeal under Order 41 Rule 17 of the Code of Civil Procedure. The order was signed by the presiding judges and the High Court’s Principal Private Secretary.

Issues considered

Whether an appeal may be dismissed for non‑appearance of the appellant’s counsel under Order 41 Rule 17 of the Code of Civil Procedure?

Legislation cited

Code of Civil Procedure, 1908s. Order 41 Rule 17

Subjects

AppealNon‑appearanceDismissalOrder 41 Rule 17Civil Procedure

Judgment

           C/FA/1324/2007                                                            ORDER DATED: 29/07/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                 R/FIRST APPEAL NO. 1324 of 2007

 ==========================================================
                            NEW INDIA ASSURANCE CO. LTD & ANR.
                                          Versus
                                 TANSPORTTARADE & ORS.
 ==========================================================
 Appearance:
 MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1,2
 SERVED BY PUBLICATION IN NEWS for the Defendant(s) No. 1,2,3,4,5
 SERVED BY RPAD (N) for the Defendant(s) No. 1,2,3,4,5
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
          and
          HONOURABLE MR. JUSTICE R. T. VACHHANI

                                                 Date : 29/07/2026

                                   ORAL ORDER
                    (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


        When matter is called out, learned counsel appearing for the appellant
 did not remain present to assist the Court. Since long no one is appearing
 to pursue the appeal proceedings. In such circumstances, it seems that the
 appellant is not interested to pursue the appeal on merits. Thus, the appeal
 stands dismissed under Order 41 Rule 17 of the Code of Civil Procedure.


                                                                                              (ILESH J. VORA,J)



                                                                                           (R. T. VACHHANI, J)
 P.S. JOSHI


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 29/07/2026 17:17:24




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