Affirms the court’s inherent authority to dispose of intra-court appeals for default, upholding established procedural norms in appellate practice.
Summary
| Category | Data |
|---|---|
| Case Name | RSA/5044/2009 of Rakesh Kumar Vs Sham Lal and ORs |
| CNR | PHHC010968292009 |
| Decision Date | 24-07-2018 |
| Disposal Nature | Dismissed in default |
| Judgment Author | Justice Lisa Gill |
| Court | High Court of Punjab and Haryana |
| Bench | Single Judge Bench |
| Facts as Summarised by the Court |
|
Summary of Legal Reasoning
- The Court noted repeated non-appearance of both the appellant and his counsel despite notices.
- An office report confirmed that the counsel had returned the file, prompting service of notice directly on the appellant.
- In absence of any representation or communication, the Court exercised its inherent power to dismiss the appeal for default.
Factual Background
- The appellant filed an intra-court appeal (RSA No. 5044 of 2009) challenging an earlier order.
- Notices were repeatedly issued after neither the appellant nor his counsel appeared on fixed dates.
- The counsel informed the Registry that the appellant had taken back his file, leading to service of notice on the appellant himself.
- The appellant did not respond or appear despite the notice being returned as served.
- Consequently, the appeal was dismissed for non-prosecution on July 24, 2018.