High Court of Gujarat
JITENDRASINH BHAVSINH VADHERversusMOHANSINH BHAVSINH VADHER
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- C DOSHI
Holding
The appeal is abated and disposed of, with liberty granted to the heirs or legal representatives to apply for substitution under the CPC and limitation law.
Summary
In Second Appeal No. 231 of 2022, the sole appellant, Jitendrasinh Bhavsinh Vadher, had died before the hearing. The appellant's counsel informed the court of the death, prompting the judge to consider the effect of the appellant's demise on the pending appeal. The court held that the appeal stands abated, but the heirs or legal representatives may file an application to substitute themselves as appellants, subject to the provisions of the Code of Civil Procedure, 1908 and limitation law. Consequently, the Court of Appeal order does not survive, and the appeal is disposed of. The notice issued in the proceedings is discharged. The decision underscores the procedural rule that a civil appeal cannot continue in the absence of a living appellant unless a proper substitution is made.
Issues considered
- What is the procedural consequence of the death of a sole appellant in a pending civil appeal?
- Whether the appeal can be continued by the heirs or legal representatives of the deceased appellant.
Subjects
- appeal abatement
- death of appellant
- Code of Civil Procedure, 1908
- substitution of parties
- civil procedure
- limitation law
Judgment
C/SA/231/2022 ORDER DATED: 06/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 231 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/SECOND APPEAL NO. 231 of 2022
==========================================================
JITENDRASINH BHAVSINH VADHER
Versus
MOHANSINH BHAVSINH VADHER & ORS.
==========================================================
Appearance:
MS SIMRAN BALWANI for MR VIMAL A PUROHIT(5049) for the Appellant(s)
No. 1
MR VINOD M CHAUHAN(6093) for the Respondent(s) No. 10,11
NOTICE UNSERVED for the Respondent(s) No.
1,2,3,8.1,8.2,8.3,8.4,8.5,8.6,9
UNSERVED EXPIRED (N) for the Respondent(s) No. 4,5,6,7
URVESH K GOR(7448) for the Respondent(s) No. 10,11
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 06/03/2026
ORAL ORDER
Learned advocate for the appellant states at bar that the
sole appellant has expired. In view of above present Second
Appeal stands disposed of as abated reserving liberty to heirs
and legal representatives of the deceased appellant to le
necessary application to replace them as appellants. Such
liberty is subject to provisions of the Code of Civil Procedure,
1908 and law of limitation.
Consequently, CA does not survive and stands disposed
of accordingly. Notice discharged.
(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 06/03/2026 15:04:20
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