Case Note & Summary
The dispute arose from the dismissal of an appeal filed by the appellant, M/s. Fainee Real Estate P. Ltd., before the Chief Controlling Revenue Authority due to non-deposit of the required amount. The appellant had previously deposited Rs.20 lacs as directed by the court, but the appeal was dismissed for failing to comply with the deposit requirement. The appellant subsequently filed a writ petition against the dismissal, which was also dismissed. The Supreme Court, upon hearing the parties, noted the peculiar circumstances of the case and directed the appellant to deposit an additional sum of Rs.10 lacs within four weeks. The court stated that upon this deposit, the appeal would be revived, and the Chief Controlling Revenue Authority would decide the matter expeditiously. The interim order was to continue until the appeal's disposal, and the parties were directed to bear their own costs.
Headnote
A) Civil Procedure - Appeal Revival - Conditions for Revival of Appeal - Code of Civil Procedure, 1908 - The court directed the appellant to deposit an additional sum to revive the appeal dismissed for non-compliance with deposit requirements. The court emphasized the need for compliance with financial conditions to ensure the appeal's consideration by the Chief Controlling Revenue Authority. Held that the appeal would be revived upon the deposit of the specified amount (Paras 1-1).
Issue of Consideration
Whether the appeal can be revived upon additional deposit by the appellant.
Final Decision
The Supreme Court directed the appellant to deposit an additional sum of Rs.10 lacs within four weeks for the revival of the appeal. The court ordered that upon such deposit, the appeal would be revived and decided expeditiously by the Chief Controlling Revenue Authority.
Law Points
- Civil procedure
- appeal revival
- deposit requirement
