The High Court affirmed that non-appearance coupled with failure to file a required power of attorney warrants dismissal in default, upholding established practice in civil appeals before the Punjab & Haryana High Court.
Summary
| Category | Data |
|---|---|
| Case Name | RSA/139/1992 of KANWALKANT & ANRS. Vs BHAGWAN KAUR & ORS. |
| CNR | PHHC010265781992 |
| Decision Date | 09-02-2023 |
| Disposal Nature | Dismissed in default |
| Judgment Author | Hon’ble Mr. Justice Arun Monga |
| Court | High Court of Punjab and Haryana |
| Bench | Single-Judge Bench |
| Precedent Value | Binding authority on procedural compliance in appeals |
| Overrules / Affirms | Affirms established procedural law on default dismissal |
| Type of Law | Civil procedure – Second appeal under Letters Patent jurisdiction |
| Questions of Law | Whether failure to file a power of attorney and non-appearance justify dismissal of a second appeal in default. |
| Ratio Decidendi |
The Court held that once an appeal is admitted and listed for appearance, the appellant must comply with both appearance and filing requirements. Non-filing of the power of attorney and absence of counsel, in spite of adjournment, constitute a sufficient ground to dismiss the appeal for default. This upholds the High Court’s inherent jurisdiction to enforce procedural discipline and ensures that appellate proceedings are not stalled by neglect of formal requirements. |
| Facts as Summarised by the Court | A suit for specific performance was decreed at trial and reversed on first appeal. The second appeal was admitted, adjourned to allow filing of power of attorney, but the appellants neither appeared nor filed the power, leading to dismissal in default. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All second appeals before the High Court of Punjab and Haryana |
| Persuasive For | Other High Courts considering default dismissals for procedural non-compliance |
| Follows | Established practice of dismissing in default when appellants fail to comply with directions |
What’s New / What Lawyers Should Note
- Reinforces that even after admission of an appeal, failure to appear or file mandatory documents (e.g., power of attorney) will lead to dismissal in default.
- Demonstrates strict application of procedural rules in appellate practice.
- Lawyers should ensure timely filing of all pleadings and appearances to avoid automatic dismissal.
Summary of Legal Reasoning
- The appeal was admitted and listed for hearing.
- Counsel sought time to file power of attorney.
- On the next date, there was no appearance and no power of attorney was filed.
- The Court applied its inherent power to enforce procedural compliance and dismissed the appeal in default, underscoring the appellant’s duty to follow court directions.
Alert Indicators
- ✔ Precedent Followed – Affirmation of established default-dismissal practice