A writ petition is dismissed for non-prosecution if the petitioner has died and no representation or substitution is made; such dismissal is procedural, does not decide the merits, and holds no precedential value. The judgment upholds existing procedural law and is not binding as authority on substantive law.
Summary
| Category | Data |
|---|---|
| Case Name | CWP/18039/2000 of AMRIK SINGH Vs STATE OF PUNJAB AND OTHERS |
| CNR | PHHC010236442000 |
| Date of Registration | 05-05-5500 |
| Decision Date | 01-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MR. JUSTICE N.S. SHEKHAWAT |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Not precedent-setting; procedural/administrative dismissal only |
| Questions of Law | Whether writ petition abates/dismisses for non-prosecution due to death and no substitution |
| Ratio Decidendi | The writ petition is dismissed for non-prosecution after the petitioner’s death and absence of representation or substitution. The Court did not address any substantive issues. Such dismissal does not decide the merits and is limited to procedural grounds. No substantive questions of law are adjudicated. |
| Facts as Summarised by the Court | Petitioner did not appear on last date; notice was issued; report received of petitioner’s death; no counsel appeared; petition dismissed for non-prosecution. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | N/A – Dismissal for non-prosecution; purely procedural, not binding on merits |
| Persuasive For | N/A – Does not lay down any new principle or interpret existing law |
| Overrules | None |
| Distinguishes | None |
| Follows | Standard procedural practice for non-prosecution / abatement on death |
What’s New / What Lawyers Should Note
- Reaffirms that writ petitions will be dismissed for non-prosecution upon death of the petitioner when no substitution or appearance is made.
- No merits of the case are decided when a matter is disposed of for non-prosecution.
- Such procedural dismissals do not set a precedent or have binding or persuasive value for future matters on points of substantive law.
- Legal representatives must apply for substitution promptly to avoid abatement or dismissal.
Summary of Legal Reasoning
- The Court noted absence of representation by or for the petitioner on the prior date.
- Notice was issued to the petitioner, returned with the report of the petitioner’s death.
- No counsel appeared for the deceased petitioner, and there was no substitution.
- Accordingly, the Court dismissed the writ petition for non-prosecution.
- The Court did not examine or rule upon any substantive legal issues in the petition.
- Dismissal is based solely on procedural grounds; merits not considered.
- Pending applications, if any, were also disposed of accordingly.
Arguments by the Parties
Petitioner
- No appearance or argument made for the petitioner, as the petitioner had died and no counsel appeared before the Court.
Respondent (State of Punjab and Others)
- Representation by Mr. Surya Kumar, AAG, Punjab. No recorded submission on merits due to procedural disposal.
Factual Background
The petitioner, Amrik Singh, had filed a writ petition. On the last date of hearing, there was no appearance on his behalf, prompting the Court to issue notice to the petitioner for the next date. The notice was returned with the report of the petitioner’s death. No counsel appeared for the petitioner on the scheduled date, and no application for substitution was made. The Court, therefore, dismissed the writ petition for non-prosecution. No details regarding the underlying dispute or substantive relief sought are recorded.
Statutory Analysis
The judgment did not discuss or interpret any statutory provision, and no statute was analyzed.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions; the order is by a single judge.
Procedural Innovations
No new procedural innovations recorded. The order follows standard practice for dismissal of petitions for non-prosecution and absence of substitution upon death of the petitioner.
Alert Indicators
- ✔ Precedent Followed – Standard procedure for dismissal for non-prosecution and abatement on death of party.
Citations
No legal citations provided or relied upon in the judgment.