Case Note & Summary
The present First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908, challenging a judgment and decree passed by the trial court. The appellants, original plaintiffs, sought to set aside the dismissal of their suit. However, during the hearing of the appeal, the appellants failed to appear and prosecute the matter. The court noted that the appeal had been pending for a long time and the appellants had not shown any interest in pursuing it. The respondents, including the original defendants and their legal representatives, were present. The court, after hearing the respondents, found no merit in the appeal and dismissed it for non-prosecution under Order XLI Rule 17 CPC. The court also disposed of the interim applications accordingly.
Headnote
A) Civil Procedure - Dismissal for Non-Prosecution - Order XLI Rule 17, Code of Civil Procedure, 1908 - Appeal dismissed as appellants failed to appear and prosecute the appeal - Court held that no grounds were made out to interfere with the impugned judgment and the appeal was dismissed for non-prosecution (Paras 1-3).
Issue of Consideration
Whether the appeal should be dismissed for non-prosecution and whether the impugned judgment of the trial court warrants interference.
Final Decision
Appeal dismissed for non-prosecution. Interim applications disposed of.
Law Points
- Dismissal for non-prosecution
- Order XLI Rule 17 CPC
- Section 96 CPC
- Restoration of appeal
Case Details
2024 LawText (BOM) (01) 174
First Appeal No.92 of 1996
A.S. Chandurkar, Jitendra Jain
Mr. A.V. Anturkar, Sr. Advocate with Mr. Tanaji Mhatugade for Appellants; Mr. R.D. Soni with Mr. V.R. Kasale for Applicants/Respondents; Mr. Prashant Naik with Mr. A.R. Patil for Respondent No.12
Mrs. Moti Dinshaw Irani and Mr. Jehangir Dinshaw Irani
Mr. Phiroze Aspandiar Irani (since deceased through LRs) and others
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Nature of Litigation
First Appeal under Section 96 CPC against judgment and decree of trial court dismissing suit.
Remedy Sought
Appellants sought to set aside the trial court's judgment and decree.
Filing Reason
Appellants were aggrieved by the trial court's dismissal of their suit.
Previous Decisions
Trial court dismissed the suit; appeal filed against that dismissal.
Issues
Whether the appeal should be dismissed for non-prosecution.
Whether the impugned judgment warrants interference.
Submissions/Arguments
Appellants failed to appear and prosecute the appeal.
Respondents opposed the appeal and sought dismissal.
Ratio Decidendi
When appellants fail to appear and prosecute the appeal, and no grounds are made out to interfere with the impugned judgment, the appeal is liable to be dismissed for non-prosecution under Order XLI Rule 17 CPC.
Judgment Excerpts
This First Appeal, filed under Section 96 of the Code of Civil Procedure, 1908, ... is dismissed for non-prosecution.
Procedural History
Suit dismissed by trial court; appeal filed in 1996; heard on 5 January 2024; judgment pronounced on 25 January 2024.
Acts & Sections
- Code of Civil Procedure, 1908: Section 96, Order XLI Rule 17
