High Court of Gujarat
NARSINHBHAI VITHALBHAIversusSTATE OF GUJARAT
- Decided
- Disposal
- 37-DISMISSED FOR DEFAULT @ ADMISSION
- Bench
- ANIRUDDHA P MAYEE
Holding
The petition was dismissed for want of prosecution due to the petitioner’s non‑appearance.
Summary
A special civil application was filed by Narsinhbhai Vithalbhai against the State of Gujarat. The petitioner’s counsel, Ms. Shalini S. Mair, failed to appear on two scheduled dates. The court noted the non-appearance and, having received no prosecution of the petition, dismissed the application. No substantive merits of the case were considered. The order was pronounced by Justice Sonia Gokani on 15 November 2019.
Issues considered
- What is the appropriate consequence when a petitioner’s counsel fails to appear for scheduled hearings?
Subjects
- civil procedure
- want of prosecution
- petition dismissed
- non‑appearance
Judgment
C/SCA/17082/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17082 of 2019
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NARSINHBHAI VITHALBHAI
Versus
STATE OF GUJARAT
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Appearance:
MS SHALINI S MAIR(2681) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 15/11/2019
ORAL ORDER
Today the matter is called out twice, learned
advocate appearing for the petitioner is not
present in any of the two calls.
Hence, the present petition stands dismissed
for want of prosecution.
(MS SONIA GOKANI, J)
pradhyuman
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