High Court of Gujarat

MADHUBEN JANABHAI PATELversusCHARITY COMMISSIONER

Disposal: 46-ANY OTHER MODE @ FH
Bench: C DOSHI

Holding

An appeal is dismissed for non‑prosecution where no advocate appears for the appellant, and is abated where the appellant has died.

Summary

The petitioners filed a first appeal (No. 3565 of 2012) before the Gujarat High Court. The court served advocate notices to appellant Nos. 1 and 2, but no counsel appeared to represent them. Appellant No. 3 was found to have expired, and no steps were taken to substitute representation. The court held that the appeal could not proceed for appellant Nos. 1 and 2 due to non‑prosecution and therefore dismissed it. For appellant No. 3, the appeal was abated because the appellant had died. The registry was directed to return the record and pleadings to the concerned lower court.

Issues considered

Whether an appeal may continue when no advocate appears for the appellant?
Whether an appeal stands abated when the appellant has died?

Subjects

appealnon‑prosecutionabatementprocedural defaultadvocate notice

Judgment

             C/FA/3565/2012                                                          ORDER DATED: 11/06/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   R/FIRST APPEAL NO. 3565 of 2012

    ==========================================================
                                 MADHUBEN JANABHAI PATEL & ORS.
                                             Versus
                                  CHARITY COMMISSIONER & ORS.
    ==========================================================
    Appearance:
    ADVOCATE NOTICE SERVED for the Appellant(s) No. 1,2
    DELETED for the Appellant(s) No. 4,5,6
    UNSERVED EXPIRED (N) for the Appellant(s) No. 3
    MS DIXA PANDYA, AGP for the respondent(s) No. 1
    RULE SERVED BY DS for the Defendant(s) No. 3
    ==========================================================

       CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                  Date : 11/06/2026

                                                          ORDER


              Cause list shows that advocate notice is served to
    appellant Nos.1 and 2, but none remained present to
    represent the appellant Nos.1 and 2.                                             Appellant No.3 has
    expired, but no steps are taken.


              Hence, present First Appeal stands dismissed for non-
    prosecution qua appellant Nos.1 and 2 and stands abated qua
    appellant No.3.


              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 11/06/2026 16:46:01

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