What is the Precedential Value When a Writ Petition is Dismissed for Default Without Adjudication?

A writ petition dismissed by the High Court due to non-appearance of the petitioner, without any adjudication on merits, does not constitute binding or persuasive authority on the legal questions raised therein. Such dismissal follows established precedent and holds no precedential value for future cases in West Bengal or other jurisdictions.

 

Summary

Category Data
Case Name WPA/21563/2019 of BIDYUT DAS Vs STATE OF WEST BENGAL & ORS
CNR WBCHCA0474532019
Date of Registration 20-11-2019
Decision Date 27-10-2025
Disposal Nature DISMISSED FOR DEFAULT
Judgment Author HON’BLE JUSTICE PARTHA SARATHI CHATTERJEE
Court Calcutta High Court
Precedent Value None; does not create either binding or persuasive precedent
Ratio Decidendi
  • The writ petition was dismissed solely because none appeared for the petitioner and no request for accommodation was made.
  • There was no adjudication on the merits of the case; hence, the order does not discuss or decide any substantive legal issue.
  • Dismissal for default in such circumstances vacates interim orders if any had been granted.
  • The decision does not address any legal principles or questions of law.
Facts as Summarised by the Court The petitioner was absent and no accommodation was sought. The court dismissed the writ petition for default and vacated any interim orders.

Practical Impact

Category Impact
Binding On Not binding on any subordinate or coordinate courts
Persuasive For Not of persuasive value for other High Courts or the Supreme Court

What’s New / What Lawyers Should Note

  • Dismissal for default due to non-appearance does not result in adjudication on the merits of the case.
  • Such dismissals make no new law and cannot be cited as precedent for any substantive legal question.
  • Any interim orders passed are expressly vacated upon such dismissal.
  • Practitioners must ensure appearance or seek accommodation to avoid dismissal for default.

Summary of Legal Reasoning

  • The court noted the absence of the petitioner and the lack of any request for accommodation.
  • It accordingly dismissed the writ petition for default.
  • The order included a direction that any interim order in force stands vacated.
  • No findings of fact or law were made, and the court did not engage with the merits of the matter.

Arguments by the Parties

Petitioner

No arguments were recorded as none appeared for the petitioner.

Respondent

No submissions from the respondent or State are noted in the judgment.

Factual Background

The writ petition was filed but on the date of hearing, neither the petitioner nor any counsel appeared, nor was any accommodation sought. As a result, the Calcutta High Court dismissed the writ petition for default and vacated any interim orders.

Statutory Analysis

No statutory provisions were analyzed or interpreted in the judgment, as the dismissal was purely on account of default due to non-appearance.

Procedural Innovations

  • The court followed standard procedure for dismissal for default.
  • No new procedural guidelines or innovations are introduced.

Alert Indicators

  • ✔ Precedent Followed – Standard procedure for dismissal for default; no change to existing law.

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