High Court of Gujarat

AMBUBEN WD/O RAVTABHAI PANABHAI PATELversusCHAIRMAN

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: MAULIK SHELAT

Holding

The petition is dismissed for non‑prosecution due to the petitioner’s failure to prosecute the case.

Summary

The petitioner, Ambuben, filed a special civil application before the Gujarat High Court. The petitioner was represented by Mr. Himansu M. Padhya. During the second hearing, the petitioner’s counsel failed to appear and no request for adjournment was made. The court noted that without the petitioner’s presence, it could not proceed with the matter. Consequently, the court dismissed the petition on the ground of non‑prosecution. The notice issued to the respondent was discharged.

Issues considered

Can a petition be dismissed for non‑prosecution when the petitioner’s counsel fails to appear for hearing?

Subjects

non prosecutionpetition dismissalcourt procedureabsence of counsel

Judgment

         C/SCA/12255/2016                                  ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO. 12255 of 2016

=========================================================
         AMBUBEN WD/O RAVTABHAI PANABHAI PATEL
                            Versus
                         CHAIRMAN
=========================================================
Appearance:
MR HIMANSU M PADHYA(1611) for the PETITIONER(s) No. 1
MR MEHUL H RATHOD(701) for the RESPONDENT(s) No. 2
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 1
=========================================================

CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI

Date : 04/02/2019

ORAL ORDER


      When the matter is taken up for hearing, even in the second
round, learned advocate Mr. Padhya appearing for the petitioner has
not remained present nor any mentioning is made on his behalf. As a
result of this, the Court is left with no other alternative but to dismiss
the matter. Hence, the petition is dismissed for non prosecution.
Notice is discharged.


                                                      (A.J. SHASTRI, J)
/phalguni/




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