Failure to comply with procedural requirements leads to dismissal of the appeal.

02/05/2024

1. In the present appeal, notices of application under Section 5 of the Limitation Act were directed to be issued on 24.03.2017. In pursuance to the said order, notices were issued and as per the report dated 15.03.2018, notices of respondent No.3 were received served whereas that of respondent Nos.1 & 2 were awaited.

2. Subsequently, fresh notices were issued to the unserved respondents and as per the report dated 14.09.2020, notices of respondent No.1 were received with the report that he has died.

3. Since then, time was granted to take appropriate steps qua respondent No.1 and to file fresh notices for respondent No.2. Time to do the needful was granted by the Deputy Registrar (Judicial) on 20.11.2020, 15.07.2021, 20.07.2022 and 09.02.2023; by the Registrar (Admn.) on 28.03.2023 and further, 24.04.2024.

4. On 24.04.2024, last opportunity of two weeks to take steps qua respondent No.1 and one week to file requisite PF & notices (2 of 2) [CMA-283/2014]

for respondent No.2 was granted. On that date, it was observed that if the requisite PF & notices are not filed within the stipulated period, the appeal shall be listed before the Court for dismissal on 02.05.2024. As no requisites have been filed, the matter has been listed today for dismissal.

5. Today, learned counsel for the appellant submits that service on respondent Nos.1 & 2 be dispensed with as the appeal is for enhancement and the Insurance Company already stands served.

6. The present is an appeal of year 2014 and is pending for service on respondent Nos.1 & 2 since then. As observed above, more than ten opportunities have been granted to learned counsel for the appellant to take appropriate steps/file notices but none of the orders were complied with.

Interestingly, no request to dispense with the service of the unserved respondents was ever made. It is also relevant to note that none appeared for the appellant on 07.10.2023 and 24.04.2024 when the matter was listed before the Court.

7. In view of the above, request as made by learned counsel for the appellant for dispensing with the service on respondent Nos.1 & 2 is rejected. The present appeal hence stands dismissed in non-compliance.

8. pending applications, if any, stand disposed of.