JUDGMENT:- Special leave granted.

2. This appeal is directed against an order dated June 29, 1979, by which a Division Bench of the Calcutta High Court dismissed Appeal No. 14/79 preferred by the present appellant on the ground that the appellants failed to comply with the order dated January 19, 1979, by which the appellants were directed to prepare the paperbooks out of Court and to supply six typewritten or printed copies thereof within two months of the service of the notice of arrival of records upon the learned advocate for the appellants. The Division Bench noted that an earlier default by the appellant was condoned by recalling the order dated June 11, 1979, dismissing the appeal, but in view of the subsequent lapse on the part of the appellant even after restoration of the appeal and service of notice of arrival of the Record the appellants failed to comply with the Courts order dated January, 1979, the appeal was dismissed.

3. This Court directed issue of notice by its order dated April 10, 1980, simultaneously directing the stay of dispossession as directed by the earlier order of this Court to continue to be continue to be provided the appellants filed paper-books as directed by the High Court within four weeks from the date of order of this Court. The Court further directed that in the event the appellants in compliance with the order of this Court submit the paper-books, the High Court will accept the same. This direction was subject to the final order that may be passed in the special leave petition. In the meantime there was another Civil Appeal No. 3451/79 arising out of an order granting leave to amend the plaint. This Court granted leave to appeal at the instance of the present appellants against the order granting leave to amend the plaint to the respondents. Subsequently, however, the Registrar of the Calcutta High Court by letter dated July 3, 1979, informed the Registrar of this Court that the order granting leave to amend the plaint has been recalled Consequently Appeal No. 3451/79 became infructuous and this Court by the order dated Feb. 8, 1982, disposed of the appeal observing that the appeal has become infructuous on account of the subsequent events. As the present appeal was sought to be tagged on to Civil Appeal No. 3451/79 after the disposal of the said appeal, the present appeal was set down for hearing.

4. A detailed affidavit in opposition has been filed and Mrs. Veena Devi Khanna, learned counsel appeared at the hearing of this appeal and contended that even the present appeal has become infructuous because by a subsequent order for another reason the appeal is dismissed. This submission is not substantiated because we requested Mrs. Khanna to inform us whether at any point of time the order dismissing the appeal of the present appellants on account of the failure to supply the paper-books as directed by the High Court was withdrawn by the High Court. It is not pointed out to us that the order dismissing the appeal on account of the failure of the appellants to supply the paper-books has ever been recalled by the High Court. The confusion arises from the fact that the order granting leave to amend the plaint to the respondents against which the Civil Appeal No. 3451/79 was preferred to this Court by the appellants was withdrawn rendering the appeal against the order infructuous. There is, however, nothing to show that the order substantially dismissing the appeal of the appellants being Appeal No. 14/79 by the order dated June 29, 1979, against which the present appeal is preferred has at any point of time been withdrawn. Therefore, this appeal has to be disposed of on merits.

5. The only question is whether the appellant-tenants who undoubtedly failed to comply with the Courts order to supply the paper-books within the prescribed time should be visited with such serious consequences of a penal nature as described by the High Court itself. Supplying paperbooks is a procedural requirement devised