Dismissal for default in appearance does not decide any substantive question of law or set precedent, reaffirming the settled rule that such orders lack precedential effect and cannot be cited as authority on the legal issues raised in the petition. This judgment merely applies existing principles and is of purely procedural significance for future proceedings.
Summary
| Category | Data |
|---|---|
| Case Name | WPA/2227/2020 of SATHI KHURANA Vs STATE OF WEST BENGAL & ORS |
| CNR | WBCHCA0060112020 |
| Date of Registration | 04-02-2020 |
| Decision Date | 01-09-2025 |
| Disposal Nature | DISMISSED FOR DEFAULT |
| Judgment Author | HON’BLE JUSTICE PARTHA SARATHI CHATTERJEE |
| Court | Calcutta High Court |
| Precedent Value | No precedential value on legal questions; purely procedural |
| Ratio Decidendi |
The Court dismissed the writ petition for default as none appeared in support of it when called on for hearing. The order does not deal with any substantive or procedural law issues. There is no adjudication on the merits of the case, and the dismissal is limited only to procedural default in appearance. There is no order as to costs. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | Not binding on merits; applies only to the parties for this procedural order |
| Persuasive For | Not persuasive on any substantive legal issue |
What’s New / What Lawyers Should Note
- The judgment provides a reminder that dismissal for default (non-appearance) does not amount to a judgment on the merits of the case.
- Such an order holds no precedential or persuasive value for any legal proposition.
- Lawyers should be mindful that if a writ is dismissed for default, substantive legal contentions remain undecided and can be re-agitated in appropriate proceedings if permitted by law.
Summary of Legal Reasoning
- The Court simply recorded the non-appearance of any party in support of the writ petition when it was called on for hearing.
- On account of such non-appearance, the writ petition was dismissed for default.
- The judgment contains no reasoning, discussion of law, or interpretation of statutes.
- No precedent or authority is cited or relied upon in the dismissal order.
Factual Background
The writ petition was scheduled to be heard, but when the matter was called on, no party appeared to support the writ petition. As a result, the petition was dismissed for default.
Alert Indicators
- ✔ Precedent Followed – Court applies established law that dismissal for default is procedural and does not decide merits.