High Court of Gujarat

JAYESHKUMAR HASMUKHBHAI PATELversusSTATE OF GUJARAT

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

Holding

A petition may be dismissed for default where the petitioner fails to prosecute the proceeding.

Summary

The petitioners, Jayeshkumar Hasmukhbhai Patel and another, filed a special civil application before the High Court of Gujarat. Their counsel, Mr. Satish A. Pandya, was absent for the second hearing, indicating a lack of intention to continue the proceedings. The respondent, the State of Gujarat, was represented by Mr. Jay Trivedi, AGP. The Court observed that the petitioners' failure to appear amounted to a want of prosecution. Consequently, the Court dismissed the petition by default and discharged the rule.

Issues considered

Whether a petition can be dismissed for default due to the petitioner's failure to appear and prosecute the proceeding?

Subjects

default judgmentcivil procedurepetition dismissalwant of prosecutionhigh court

Judgment

         C/SCA/10587/2016                                                      ORDER DATED: 08/04/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
           R/SPECIAL CIVIL APPLICATION NO.                                    10587 of 2016

  =======================================================
            JAYESHKUMAR HASMUKHBHAI PATEL & ANR.
                           Versus
                  STATE OF GUJARAT & ORS.
  =======================================================
  Appearance:
  MR SATISH A PANDYA(556) for the Petitioner(s) No. 1,2
  MR JAY TRIVEDI AGP for the Respondent(s) No. 1,2,3
  =======================================================

      CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                        Date : 08/04/2026

                                               ORAL ORDER

           Even        in      second         call,         learned           advocate           for       the

  petitioners is absent, which shows that he does not

  wish to continue with the present proceeding.

           Hence, the present petition stands dismissed for

  default for want of prosecution. Rule is discharged.



                                                                     (DIVYESH A. JOSHI, J.)

  Gautam


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAUTAM G PATIL(HC00190), Principal Pvt. Secretary, at High Court of Gujarat on 08/04/2026 14:36:15




                                                   Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "default judgment"Sign in to search