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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN, JJ.
G.Elumalai - Appellant
Versus
The Registrar of Co Operative Societies, Chennai – Respondent
W.A.No.2550 of 2021
Decided on : 11-06-2024
NON-PROSECUTION - WRIT APPEAL - The court dismissed the writ appeal due to the appellant's failure to appear for hearings, indicating a lack of interest in pursuing the case. The legal provision regarding non-prosecution was applied, leading to the dismissal of the appeal.
Fact of the Case:
The appellant filed a writ appeal seeking to set aside an order made in a previous writ petition. However, the appellant failed to appear for the scheduled hearings.
Finding of the Court:
The court noted the absence of the appellant during the hearings and concluded that this indicated a lack of interest in pursuing the appeal.
Issues: Whether the writ appeal should be dismissed due to the appellant's non-appearance and lack of prosecution.
Ratio Decidendi: The court applied the principle that a party's failure to appear and prosecute their case can lead to dismissal, emphasizing the importance of diligence in legal proceedings.
Result: The writ appeal was dismissed for non-prosecution, with no costs awarded.
JUDGMENT :
[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.]
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 17.12.2020 made in W.P.No.11566 of 2014.
When the matter was listed for hearing on 07.06.2024, none appeared on behalf of the appellant. In order to give opportunity to the appellant, this Court passed an order, directing the Registry to list this matter under the caption “For Dismissal” on 11.06.2024.
2. Even today i.e., on 11.06.2024, when the matter is taken up for hearing, none appeared for the appellant. Thus, it is evident that the appellant is not interested in pursuing the matter. Accordingly, the Writ Appeal in W.A.No.2550 of 2021 stands dismissed for non-prosecution. No costs.
A writ appeal can be dismissed for non-prosecution if the appellant fails to appear and show interest in pursuing the case.
A writ appeal can be dismissed for non-prosecution if the appellant fails to appear and show interest in the proceedings.
A writ appeal can be dismissed for non-prosecution if the appellants fail to appear and show interest in pursuing the case.
Active participation in legal proceedings is essential, and failure to appear can lead to dismissal of appeals.
All petitioners must be included in a writ appeal challenging a common order to ensure maintainability.
A legal action becomes infructuous when the underlying cause for the action ceases to exist, warranting dismissal of the appeal.
Writ appeals can be dismissed as infructuous when the underlying cause of action has ceased to exist.
A legal cause lapses upon the death of a party, resulting in the closure of related proceedings.
A writ appeal can be dismissed as infructuous if the parties indicate that the matter is no longer in contention.
A Writ Appeal can be dismissed if the appellant indicates through counsel that it is not being pursued.
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