The Punjab and Haryana High Court reaffirms that appellate courts may dismiss second appeals for non-prosecution where appellants repeatedly fail to appear or comply with earlier orders, including deposit of costs. This judgment upholds existing procedural precedent and serves as binding authority for trial and appellate courts in the region regarding dismissal of appeals for want of prosecution.
Summary
| Category | Data |
|---|---|
| Case Name | RSA/170/2024 of ANIL MEHTA AND OTHERS Vs SAKILA DEVI |
| CNR | PHHC011451382023 |
| Date of Registration | 16-01-2024 |
| Decision Date | 30-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MRS. JUSTICE ALKA SARIN |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within jurisdiction |
| Type of Law | Civil Procedure |
| Ratio Decidendi |
The High Court held that where appellants in a second appeal fail to appear despite repeated opportunities and do not comply with previous court orders (including imposed costs), the court is justified in dismissing the appeal for non-prosecution, indicating lack of interest by the appellants to pursue the case further. Such dismissal is an exercise of inherent procedural authority to prevent abuse of process and ensure expeditious trial management. |
| Facts as Summarised by the Court |
The appeal had been repeatedly adjourned at the request of appellants’ counsel; on the date of order, no one appeared for the appellants despite the matter being called twice. Additionally, costs imposed by a prior order (dated 28.01.2025) had not been deposited. The Court found the appellants not interested in pursuing the appeal. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab and Haryana |
| Persuasive For | Other High Courts, where similar procedural circumstances arise |
What’s New / What Lawyers Should Note
- Reiterates the authority of appellate courts to dismiss appeals for non-prosecution due to non-appearance and non-compliance with prior orders, even in second appeals.
- Highlights the importance of complying with court-imposed costs and appearing when matters are listed.
- Lawyers should ensure strict adherence to court directions and proactive presence during hearing dates to avoid dismissal of matters.
Summary of Legal Reasoning
- The Court noted repeated adjournments at the request of appellants’ counsel and continued absence even when the matter was called twice on the date of decision.
- There was clear non-compliance with the Court’s direction to deposit costs, as previously ordered on 28.01.2025.
- Based on these facts, the Court inferred lack of willingness on the part of the appellants to prosecute the appeal and exercised its inherent powers to dismiss the appeal for non-prosecution.
Arguments by the Parties
As per the judgment, no arguments by parties are recorded on the merits, since neither the appellants nor their counsel appeared on the date of hearing and the matter was dismissed in their absence.
Factual Background
The appeal was registered on 16-01-2024 and repeatedly adjourned at the request of the appellants’ counsel. On 30-10-2025, when the case was called twice, there was no appearance on behalf of the appellants. Additionally, costs imposed by a previous order on 28.01.2025 remained unpaid. Finding no interest on the part of the appellants to proceed, the Court dismissed the appeal for non-prosecution.
Statutory Analysis
The judgment applies procedural law governing second appeals and court powers regarding case management and disposal for non-prosecution. It emphasizes judicial discretion to dismiss appeals when litigants default in appearance or fail to comply with earlier orders such as payment of costs.
Procedural Innovations
No new procedural innovations are introduced; the judgment applies standard procedural tools for case disposal for non-prosecution.
Alert Indicators
- ✔ Precedent Followed – The judgment follows established practice of dismissing appeals for non-prosecution in the event of repeated non-appearance and non-compliance with court orders.