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2012 Supreme(SC) 728

SUPREME COURT OF INDIA
H.L. DATTU, J.
UNION OF INDIA - Appellant
VERSUS
A.P. BHARDWAJ - Respondent
Civil Appeal No. 5164 of 2007
Decided on : 12-10-2012.

Failure to prosecute an appeal by not filing the statement of case can lead to dismissal.

Headnote:

Non-prosecution - Appeal - Dismissal

Fact of the Case:

Despite sufficient time granted, neither counsel for the appellant nor the respondent filed their statement of case, indicating lack of interest in pursuing the matter.

Finding of the Court:

The court dismissed the appeal for non-prosecution.

Issues: Lack of filing statement of case by both counsels despite sufficient time granted.

Ratio Decidendi: Failure to prosecute the appeal by filing the statement of case led to the dismissal of the appeal.

Final Decision: The appeal was dismissed for non-prosecution.

ORDER

1. In spite of granting sufficient time, neither the learned counsel for the appellant nor the learned counsel for the respondent have filed their statement of case. It only shows that the learned counsel for both sides may not be interested in pursuing the matter. Therefore, the appeal is dismissed for non-prosecution.

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