Clarifies that the High Court may dismiss a regular second appeal for non-prosecution when an appellant repeatedly fails to prosecute the case, adopts a casual attitude, or does not demonstrate genuine interest in the litigation. Judgment upholds established precedent and reinforces existing procedures; binding on subordinate courts within Punjab & Haryana.
Summary
| Category | Data |
|---|---|
| Case Name | RSA/1986/2019 of MAHARAM (NOW DECEASED ) THROUGH HIS LRS Vs GRAM PANCHAYAT VILLAGE CHEERSI THROUGH ITS SARPANCH |
| CNR | PHHC010082242019 |
| Date of Registration | 20-04-2019 |
| Decision Date | 17-02-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MS. JUSTICE NIDHI GUPTA |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding precedent for subordinate courts within the jurisdiction |
| Type of Law | Civil Litigation & Appellate Procedure |
| Questions of Law | Whether the court may dismiss an appeal for non-prosecution where the appellant fails to diligently pursue proceedings |
| Ratio Decidendi |
The court reaffirmed its power to dismiss an appeal for non-prosecution upon observing repeated adjournments sought by the appellant, lack of representation, and lack of seriousness in pursuing the litigation. The court emphasized that valuable judicial time was expended affording opportunities to the appellant, and neither the appellant nor counsel showed genuine interest in prosecution. In such circumstances, dismissal is warranted in the interest of justice. |
| Facts as Summarised by the Court |
The appeal was filed against concurrent findings dismissing the appellant’s suit for declaration and permanent injunction. Several adjournments were granted at the appellant’s request, including time to place death certificate of deceased appellant on record and to implead legal heirs. Eventually, the appellant failed to appear, leading to dismissal for non-prosecution. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab and Haryana |
| Persuasive For | Other High Courts |
| Follows | Affirms and follows longstanding procedural discretion on dismissal for non-prosecution |
What’s New / What Lawyers Should Note
- Reiterates that the High Court may dismiss an appeal for non-prosecution where the appellant repeatedly seeks adjournments without progressing the matter.
- Courts may take into account the overall attitude and conduct of parties and counsel, including persistent non-appearance or lack of seriousness, while considering such dismissals.
- Valuable court time and the interests of justice are relevant considerations justifying dismissal for non-prosecution.
- Lawyers should ensure diligent prosecution of appeals and avoid repeated and unjustified adjournment requests, or risk dismissal.
Summary of Legal Reasoning
- The court reviewed the procedural history noting several adjournments were granted at the instance of the appellant or their counsel.
- Despite the opportunities, neither the appellant nor counsel pursued the litigation seriously, including failing to appear and advance submissions.
- The court underscored the proper use of judicial resources, stating that public time had been expended and the justice system was hampered by the appellant’s careless approach.
- On these grounds, the court exercised its discretion to dismiss the appeal for non-prosecution, finding no merit in prolonging the matter further.
Arguments by the Parties
Petitioner (Appellants):
- Sought repeated adjournments to place relevant documents (such as the death certificate) on record and to implead legal heirs.
- Through counsel, prayed for further opportunity to make submissions.
Respondent:
- Appearance by counsel for respondent was recorded, and a memorandum of appearance was filed.
Factual Background
The suit was initially filed by the appellant seeking a declaration and consequential relief of permanent injunction, but was dismissed by both trial and first appellate courts. The appellant filed a second appeal, during which multiple adjournments were sought on the ground of placing the death certificate on record and impleading legal heirs. Eventually, the appellant failed to appear and show interest in prosecuting the appeal, prompting the High Court to dismiss it for non-prosecution.
Statutory Analysis
- The judgment implicitly applies principles of the Civil Procedure Code pertaining to the dismissal of appeals for non-prosecution but does not discuss specific statutory provisions.
- No particular statute or section is interpreted in detail within the judgment.
Alert Indicators
- ✔ Precedent Followed – The judgment affirms and applies established law regarding dismissal for non-prosecution of appeals.