PATEL ALIAS MEVADA NAYANBHAI BHAGVANBHAI ALIAS BHAGUBHAIversusPARMAR VIMLABEN DAHYABHAI
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
Holding
The appeal was dismissed because the appellant failed to appear, indicating lack of interest, pursuant to Order 41 Rule 17 of the CPC.
Summary
The appellant filed a first appeal (No. 972/2022) against a judgment dated 27 July 2021 in Special Civil Suit No. 52 of 2020, where the trial judge had dismissed the plaint under Order 7 Rule 11 of the CPC. The appeal was admitted on 31 March 2022, but the appellant’s counsel withdrew and the appellant did not appear when the matter was called. The court held that the appellant’s non‑appearance demonstrated a lack of interest in pursuing the appeal. Consequently, the appeal was dismissed under Order 41 Rule 17 of the CPC. A related civil application for a stay was also disposed of as it could not survive the dismissal of the main appeal.
Issues considered
- What is the effect of the appellant’s failure to appear before the High Court on the continuation of the appeal?
- Whether the appeal can be dismissed under Order 41 Rule 17 of the CPC in the circumstances of non‑appearance.
Legislation cited
- Code of Civil Procedure, 1908s. Order 41 Rule 17, s. Order 7 Rule 11
Subjects
Judgment
C/FA/972/2022 ORDER DATED: 30/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 972 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/FIRST APPEAL NO. 972 of 2022
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PATEL ALIAS MEVADA NAYANBHAI BHAGVANBHAI ALIAS BHAGUBHAI
Versus
PARMAR VIMLABEN DAHYABHAI & ORS.
==========================================================
Appearance:
ADVOCATE NOTICE SERVED for the Appellant(s) No. 1
MR SP MAJMUDAR(3456) for the Defendant(s) No. 5,6
RULE SERVED for the Defendant(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 30/06/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
Order in F.A.No.972/2022
1. This appeal is directed against the judgment and decree dated
27.07.2021, passed in Special Civil Suit No.52 of 2020, wherein the
learned 24th Additional Senior Civil Judge, Vadodara, has rejected the
plaint by exercising his powers under Order 7 Rule 11 CPC. Appeal
came to be admitted on 31.03.2022. Thereafter, learned counsel has
withdrawn his appearance. The advocate notice has already been
served upon the appellant. When the matter was called out, neither the
appellant nor any representative on his behalf remained present to
assist the Court.
2. In such circumstances, it appears that the appellant is not
interested to pursue this appeal. Thus, the appeal stands dismissed
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C/FA/972/2022 ORDER DATED: 30/06/2026
under Order 41 Rule 17 of the CPC. R & P if any be transmitted to the
Trial Court concerned.
Order in C.A.No.1/2022
In view of the order passed in the main matter, present Civil
Application does not survive and accordingly, the same stands
disposed of as not survived.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
Rakesh
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 01/07/2026 14:46:37
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