1. Appeal proceedings — Failure of legal representatives to prosecute effectively — Non-payment of process fees. (Para 1 )
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2000 Supreme(SC) 1138
Supreme Court Of India
PATEL DAHYABHAI MOTIBHAI (DEAD) BY LRS
Versus
PARMAR SURABHAI MANGALBHAI
Decided On : (July 21, 2000)
The appeal was dismissed for non-prosecution because the legal representatives of the appellant failed to effectively pursue the case, specifically by failing to pay the required process fees and file necessary applications.
Headnote:
Civil Procedure Code, 1908, Order 22, Rules 3 and 11 - Substitution of LRs - LRs of appellant except writing a letter to the Assistant Registrar of Supreme Court, not prosecuting the appeals effectively- Necessary applications and process fee have not paid- Therefore appeal dismissed for non-prosecution [Paras 1 and 2]
Act Referred
CIVIL PROCEDURE CODE: O.22 R.3, O.22 R.11
SUPREME COURT RULES: O.15 R.33, O.15 R.32, O.15 R.34, O.15 R.30
SUPREME COURT RULES: O.15 R.33, O.15 R.32, O.15 R.34, O.15 R.30
Legal Category Hierarchy
Table of Contents
2. Legal representatives failed to effectively prosecute the appeal by neglecting to file necessary applications and pay process fees. (Para 1 )
3. Failure to effectively prosecute an appeal, including non-payment of process fees, justifies dismissal for non-prosecution. (Para 1 , 2 )
4. Appeal dismissed for non-prosecution. (Para 2 )
5. Under what circumstances can an appeal be dismissed for non-prosecution?
An appeal may be dismissed for non-prosecution when the legal representatives fail to prosecute the matter effectively, such as by failing to file necessary applications or pay required process fees. (Para 1 , 2 )
( 1 ) WE find that, except writing a letter dated 11-10-1999 to the Assistant registrar of this Court, the so-called legal representatives of the appellant are not prosecuting these appeals effectively. Necessary applications and process fee have not been paid.
( 2 ) IN these circumstances, we have no choice, but to dismiss this appeal for non-prosecution and we do so.
