Case Note & Summary
The case involved an appeal filed by the State against Narayan Lal Thangal. The appeal was dismissed due to non-compliance with a preemptory order issued on 05.07.1991. A cross-appeal had been filed by the respondent, but no representation was made on their behalf during the proceedings. The appellant's counsel sought additional time to arrange records and indicated plans to restore the appeal. However, since the appeal had already been dismissed for non-compliance, the court found no further orders necessary. The court emphasized the importance of adhering to court orders for the continuation of appeals.
Headnote
A) Civil Procedure - Dismissal of Appeal - Non-compliance with Preemptory Order - Code of Civil Procedure, 1908 - The appeal was dismissed due to the respondent's failure to comply with a preemptory order dated 05.07.1991. The appellant's counsel indicated intentions to restore the appeal, but no further orders were deemed necessary as the appeal stood dismissed. Held that compliance with court orders is essential for proceeding with appeals (Paras Not mentioned).
Issue of Consideration
Whether the appeal can be restored after dismissal for non-compliance with a preemptory order.
Final Decision
The appeal was dismissed for non-compliance with the preemptory order dated 05.07.1991, and no further orders were necessary.
Law Points
- Non-compliance with court orders
- Dismissal of appeal
- Restoration of appeal
