Can a Second Appeal Be Summarily Dismissed for Non-Prosecution When Appellants Fail to Appear?

 

Summary

Category Data
Case Name RSA-4887-2015 of Raj Kumar and others vs S.K. Tripathi
CNR PHHC011241542015
Decision Date 24-01-2023
Disposal Nature Dismissed for non-prosecution
Judgment Author B.S. Walia, J.
Court High Court of Punjab and Haryana
Bench Single Judge
Precedent Value Reaffirms established appellate procedure (binding)
Type of Law Civil Procedure – Appellate
Question of Law Whether non-appearance and lack of adjournment request mandates dismissal for non-prosecution
Ratio Decidendi Where an appellant in a second appeal fails to appear on the scheduled hearing date without seeking an adjournment, the appeal can be dismissed for non-prosecution to ensure procedural finality.

Practical Impact

Category Impact
Binding On All subordinate civil courts and tribunals under the Punjab & Haryana High Court
Persuasive For Other High Courts considering non-prosecution dismissals

What’s New / What Lawyers Should Note

  • The High Court reaffirmed that non-appearance by an appellant on the scheduled hearing date, absent any adjournment request, justifies dismissal of a second appeal for non-prosecution.
  • No separate formal notice is required beyond inclusion in the cause list—counsel must monitor listings and attend or seek adjournments.
  • Emphasises procedural discipline: failure to prosecute an appeal can result in summary dismissal, irrespective of underlying merits.

Summary of Legal Reasoning

  1. The appeal was fixed for hearing at 1500 hrs on 24.01.2023.
  2. Appellants and their counsel did not appear, nor did they request any adjournment.
  3. Applying established civil procedure principles, the Court held that such absence permits dismissal for non-prosecution.
  4. Dismissal enforces procedural finality and prevents abuse of court time.

Factual Background

  1. The respondent/plaintiff obtained a decree for declaration with permanent and mandatory injunction from the Civil Judge (Junior Division), Faridabad.
  2. The Additional District Judge, Faridabad, upheld that decree on 14.05.2015.
  3. Appellants filed Second Appeal RSA-4887-2015 in the High Court.
  4. On 24.01.2023, the appeal was called at 1500 hrs; appellants were absent and no adjournment was sought.
  5. The appeal was dismissed for non-prosecution.

Alert Indicators

  • ✔ Precedent Followed

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