Can a Civil Appeal Under Section 100 CPC Be Dismissed for Non-Prosecution When the Appellant Fails to Appear?

High Court reaffirms its inherent power under Section 100 of the Civil Procedure Code to dismiss appeals for non-prosecution; binds litigants on the need for active prosecution

Summary

Practical Impact

What’s New / What Lawyers Should Note

• Reaffirms that a court’s inherent power to dismiss appeals for non-prosecution under Section 100 CPC applies where the appellant or their counsel fails to appear despite notice.
• Highlights the necessity for litigants and their advocates to maintain active participation, or risk dismissal of their appeal.
• Demonstrates that retirement of counsel does not stay the progression of appeal; new appearance or stay application must be timely.

Summary of Legal Reasoning

• The appeal was filed under Section 100 CPC in 2016 against a judgment and decree of February 2016.
• Appellant’s counsel issued and served a retirement notice; was permitted to withdraw on 10.10.2023.
• On the date of hearing, neither the appellant nor any representative appeared.
• Held: Absence and lack of interest in prosecuting the appeal justified dismissal for non-prosecution.

Factual Background

An appeal under Section 100 of the Code of Civil Procedure was preferred in 2016 against a decree dated 05.02.2016. The counsel for the appellant served a retirement notice and was permitted to withdraw. At the scheduled final hearing on 13.10.2023, there was no appearance on behalf of the appellant. Noting the appellant’s disinclination to prosecute, the High Court dismissed the appeal for non-prosecution.

Statutory Analysis

• Section 100 CPC provides appellate jurisdiction over second appeals but implicitly allows dismissal for non-prosecution.
• The decision underscores the inherent power of the High Court to manage its docket and effect dismissal when parties do not prosecute their appeals.

Alert Indicators

• ✔ Precedent Followed