UNION OF INDIAversusKALYANDAS GOMATIDASHJI
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- C DOSHI
Holding
The first appeal is abated and the application for substitute service does not survive because the deceased respondent's legal heirs have not been brought on record.
Summary
The Union of India filed a first appeal (C/FA/2693/2008) against Kalyandas Gomatidashji and another respondent. The appellant sought substitute service of the summons, but respondent No.1 had died and his legal heirs were not brought on record. The appellant argued that a fresh application for substitute service could be filed despite the death. The court held that the appeal could not proceed because the deceased respondent's heirs had not been joined, rendering the application untenable. Consequently, the first appeal was abated and the application for substitute service was disposed of. The court, however, reserved liberty for the appellant to revive the matter by filing an appropriate application to bring the legal heirs on record, subject to limitation law.
Issues considered
- Whether a first appeal for substitute service can survive when the respondent has died and no legal heirs are joined.
Subjects
Judgment
C/FA/2693/2008 ORDER DATED: 07/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2693 of 2008
With
CIVIL APPLICATION (FOR SUBSTITUTE SERVICE) NO. 1 of 2026
In R/FIRST APPEAL NO. 2693 of 2008
With
R/FIRST APPEAL NO. 2694 of 2008
With
CIVIL APPLICATION (FOR SUBSTITUTE SERVICE) NO. 1 of 2026
In R/FIRST APPEAL NO. 2694 of 2008
==========================================================
UNION OF INDIA
Versus
KALYANDAS GOMATIDASHJI & ANR.
==========================================================
Appearance:
MS ARCHANA U AMIN(2462) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 2
UNSERVED EXPIRED (R) for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 07/07/2026
ORDER
Respondent No.1 has expired and his legal heirs are not
brought on record. Learned advocate Ms Archana Amin for
the appellant submitted that she has filed CA for substitute
service. However, such application would not survive in view
of the fact that the respondent No.1 has expired. Hence,
present First Appeals stand abated as no steps have been
taken to bring the legal heirs of the deceased respondent No.1
on record. Consequently, CA does not survive and stands
disposed of accordingly.
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C/FA/2693/2008 ORDER DATED: 07/07/2026
Liberty is reserved in favour of the appellant to revive
the matter by filing appropriate application to bring the legal
heirs of respondent No.1 on record, subject to law of
limitation.
Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
(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 07/07/2026 12:58:41
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