Can a High Court Dismiss an Intra-Court Appeal for Non-Prosecution When Neither Appellant Nor Counsel Appears?

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
  • The appellant and his counsel failed to appear on multiple dates.
  • Counsel returned the case file.
  • Notice to the appellant was served but returned unresponded.
  • The appeal was dismissed for non-prosecution.

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

  1. The appellant filed an intra-court appeal (RSA No. 5044 of 2009) challenging an earlier order.
  2. Notices were repeatedly issued after neither the appellant nor his counsel appeared on fixed dates.
  3. The counsel informed the Registry that the appellant had taken back his file, leading to service of notice on the appellant himself.
  4. The appellant did not respond or appear despite the notice being returned as served.
  5. Consequently, the appeal was dismissed for non-prosecution on July 24, 2018.

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