High Court of Gujarat

JITENDRASINH BHAVSINH VADHERversusMOHANSINH BHAVSINH VADHER

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 abatementdeath of appellantCode of Civil Procedure, 1908substitution of partiescivil procedurelimitation 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
   ==========================================================

      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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