Case Note & Summary
The judgment arose from Second Appeal No. 175 of 1992 in the High Court of Judicature at Bombay. The court addressed the issue of non-prosecution due to the failure of the appellant to file a private paper-book. The appellant was represented by Shri K.B. Sonwalkar. The court set a deadline of six weeks for the filing of the paper-book, warning that failure to comply would result in the dismissal of the appeal without further reference to the court. Additionally, the court waived the objection regarding the non-filing of the synopsis for the time being, provided that the advocate would present it when the appeal was called for final hearing. The court emphasized the importance of adhering to filing requirements to ensure the appeal's progression.
Headnote
A) Civil Procedure - Appeal Dismissal - Non-Prosecution - Code of Civil Procedure, 1908 - The court directed that if the private paper-book was not filed within six weeks, the appeal would be dismissed for non-prosecution. The court waived objections regarding the non-filing of the synopsis temporarily, subject to the condition that the advocate would present the synopsis when the appeal was called for final hearing. Held that timely compliance with filing requirements is essential for the continuation of the appeal process (Paras Not mentioned).
Issue of Consideration
Whether the appeal should be dismissed for non-prosecution due to the failure to file a private paper-book.
Final Decision
The court ordered that the appeal would be dismissed for non-prosecution if the private paper-book was not filed within six weeks. The court waived objections regarding the non-filing of the synopsis temporarily, with conditions for future compliance.
Law Points
- Civil procedure
- appeal dismissal
- non-prosecution
- filing requirements
