Can an appeal under Section 96 CPC be dismissed for non-prosecution when the appellant fails to pay process fee despite sufficient time?

Court’s affirmation of procedural strictness under the CPC: non-compliance with process-fee obligations warrants dismissal

 

Summary

Category Data
Case Name RFA No. 1693 of 2023 of Sri. Kanteppa Tengli Vs Sri Sridhar Dhanashri
CNR KAHC010441232023
Judgment Author Hon’ble Mr Justice V Srishananda
Court High Court of Karnataka at Bengaluru
Bench Single Judge
Disposal Nature Dismissed for non-prosecution
Type of Law Civil Procedure Code (Section 96 CPC)
Ratio Decidendi The Court held that non-payment of process fee and failure to appear after sufficient time for compliance amounts to non-prosecution, warranting dismissal of the appeal.
Citations NC: 2024:KHC:37717

Summary of Legal Reasoning

  • The appeal was filed under Section 96 CPC against a money-decree, requiring payment of process fee for issuance of notice.
  • The Court granted sufficient time for the appellant to pay the fee.
  • The appellant neither paid the process fee nor appeared on the hearing date.
  • In view of non-compliance and non-appearance, the appeal was dismissed for non-prosecution.

Factual Background

  1. The defendant in a money-recovery suit (OS No. 6344/2021) filed RFA No. 1693/2023 under Section 96 CPC.
  2. Despite being granted time, the appellant failed to pay the process fee necessary for service of notice on the respondent.
  3. On the day of hearing, there was no representation, leading the Court to dismiss the appeal for non-prosecution.

Statutory Analysis

  • Section 96 CPC empowers an aggrieved party to appeal from an original decree.
  • Payment of process fee is a mandatory procedural requirement before notice can issue.
  • Non-compliance with this requirement, coupled with non-appearance, justifies dismissal for non-prosecution.

Alert Indicators

  • ✔ Precedent Followed – affirming the established practice of dismissing appeals for non-prosecution when process-fee requirements under the CPC are not met.

Citations

  • NC: 2024:KHC:37717 (High Court of Karnataka)
  • RFA No. 1693/2023

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