High Court of Gujarat

RATILAL NARSINHBHAI CHAUDHARIversusCHIEF MANAGER PUNJAB NATIONAL BANK

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: MAULIK SHELAT

Holding

The petition was abated and disposed of due to the death of the sole petitioner and the failure to bring legal heirs on record.

Summary

The sole petitioner, Ratilal Narsinhbhai Chaudhari, died before the hearing of his special civil application. No application was filed to substitute the legal heirs of the deceased petitioner. The court held that in the absence of a substitute party, the petition could not proceed. Consequently, the petition was deemed abated and disposed of, with any interim relief vacated. The order was signed by Justice Maulik J. Shelat.

Issues considered

Whether a civil petition can continue after the death of the sole petitioner without substitution of legal heirs

Subjects

abatementdeath of petitionersubstitution of partiescivil procedureinterim relief

Judgment

         C/SCA/12135/2012                                                               ORDER DATED: 24/03/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 12135 of 2012

 =============================================
                    RATILAL NARSINHBHAI CHAUDHARI
                                 Versus
              CHIEF MANAGER PUNJAB NATIONAL BANK & ORS.
 =============================================
 Appearance:
 UNSERVED EXPIRED (N) for the Petitioner(s) No. 1
 MR CHETAN K PANDYA(1973) for the Respondent(s) No. 3
 RULE SERVED for the Respondent(s) No. 1,2
 =============================================

  CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                              Date : 24/03/2026
                                               ORAL ORDER

 1.         It is reported that the sole petitioner has died. No
 application has been 5led to bring the legal heirs of the
 deceased petitioner on record.


 2.         In that view of the matter, the present petition stands
 abated. Accordingly, the present petition is disposed of as
 abated. Rule is discharged. Interim relief, if any, stands
 vacated.


                                                                                (MAULIK J. SHELAT, J)
 GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 24/03/2026 14:26:17




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