High Court of Gujarat

BUDHABHAI MATHURBHAI CHAUHANversusSTATE OF GUJARAT

Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: DIVYESH A JOSHI

Holding

The petition was dismissed for non‑prosecution due to the petitioners' failure to appear or obtain representation.

Summary

The petitioners' counsel died during the pendency of the proceedings. Despite service of an advocate notice, the petitioners neither appeared in person nor through another counsel. The court found it could not proceed without any assistance from the petitioners. Consequently, the matter was dismissed for non‑prosecution and the rule was discharged. Any interim relief that had been granted was vacated.

Issues considered

Whether a civil suit can continue when the petitioner's advocate dies and the petitioners fail to appear or appoint new representation
Whether dismissal for non‑prosecution is appropriate in such circumstances

Subjects

non‑prosecutiondismissaladvocate deathprocedural defaultinterim relief vacated

Judgment

        C/SCA/17795/2014                                                               ORDER DATED: 20/07/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/SPECIAL CIVIL APPLICATION NO. 17795 of 2014

==========================================================
                       BUDHABHAI MATHURBHAI CHAUHAN & ORS.
                                      Versus
                             STATE OF GUJARAT & ORS.
==========================================================
Appearance:
ADVOCATE NOTICE SERVED for the Petitioner(s) No. 1.1,1.2,1.3,1.4
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Petitioner(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1,2
HCLS COMMITTEE(4998) for the Respondent(s) No. 3.1
MR JIGAR G GADHAVI(5613) for the Respondent(s) No. 3.1
MS JAYSHREE C BHATT(170) for the Respondent(s) No. 3,3.2,3.3,3.4,3.5
RULE SERVED for the Respondent(s) No. 3.1,3.2,3.3,3.4,3.5
==========================================================

  CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                                Date : 20/07/2026

                                                  ORAL ORDER

          The record reveals that the learned advocate who was
representing the petitioners has passed away during the
pendency              of      the        proceedings,                  and        thereafter,               even an
Advocate notice also came to be issued upon the petitioners,
which was also duly served upon them, however, despite
service of notice, they have chosen not to appear either in
person or through an advocate and conduct the proceedings,
and without there being any assistance from the petitioners,
this Court is not able to proceed further with the matter.
Hence, the matter is dismissed for non-prosecution.                                                              Rule is
discharged. Interim relief, if any, stands vacated.




                                                                                        (DIVYESH A. JOSHI,J)
VAHID

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ABDULVAHID ABDULSATTAR SHAIKH(HC00955), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/07/2026 17:35:10


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