Summary
| Category | Data |
|---|---|
| Case Name | RSA-4887-2015 of Raj Kumar and others vs S.K. Tripathi |
| CNR | PHHC011241542015 |
| Decision Date | 24-01-2023 |
| Disposal Nature | Dismissed for non-prosecution |
| Judgment Author | B.S. Walia, J. |
| Court | High Court of Punjab and Haryana |
| Bench | Single Judge |
| Precedent Value | Reaffirms established appellate procedure (binding) |
| Type of Law | Civil Procedure – Appellate |
| Question of Law | Whether non-appearance and lack of adjournment request mandates dismissal for non-prosecution |
| Ratio Decidendi | Where an appellant in a second appeal fails to appear on the scheduled hearing date without seeking an adjournment, the appeal can be dismissed for non-prosecution to ensure procedural finality. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate civil courts and tribunals under the Punjab & Haryana High Court |
| Persuasive For | Other High Courts considering non-prosecution dismissals |
What’s New / What Lawyers Should Note
- The High Court reaffirmed that non-appearance by an appellant on the scheduled hearing date, absent any adjournment request, justifies dismissal of a second appeal for non-prosecution.
- No separate formal notice is required beyond inclusion in the cause list—counsel must monitor listings and attend or seek adjournments.
- Emphasises procedural discipline: failure to prosecute an appeal can result in summary dismissal, irrespective of underlying merits.
Summary of Legal Reasoning
- The appeal was fixed for hearing at 1500 hrs on 24.01.2023.
- Appellants and their counsel did not appear, nor did they request any adjournment.
- Applying established civil procedure principles, the Court held that such absence permits dismissal for non-prosecution.
- Dismissal enforces procedural finality and prevents abuse of court time.
Factual Background
- The respondent/plaintiff obtained a decree for declaration with permanent and mandatory injunction from the Civil Judge (Junior Division), Faridabad.
- The Additional District Judge, Faridabad, upheld that decree on 14.05.2015.
- Appellants filed Second Appeal RSA-4887-2015 in the High Court.
- On 24.01.2023, the appeal was called at 1500 hrs; appellants were absent and no adjournment was sought.
- The appeal was dismissed for non-prosecution.
Alert Indicators
- ✔ Precedent Followed