Case Note & Summary
The case involved an appeal filed by Smt Badar Qureshi against Mohd Moulana and another. The appeal was listed for hearing on 27.10.2011, but no one appeared for the appellant, leading to an adjournment. On the subsequent date, 28.10.2011, the appeal was again listed, but still, there was no appearance or representation from the appellant. The court, noting the absence of the appellant and any representation, decided to dismiss the appeal for non-prosecution, indicating that the appellant had shown no interest in pursuing the matter. The court ordered that no costs be imposed in this dismissal. The final decision was made by Justices V. Eswaraiah and K.S. Appa Rao.
Headnote
A) Civil Procedure - Dismissal for Non-Prosecution - Appeal dismissed due to absence of appellant - Code of Civil Procedure, 1908, Order 9, Rule 8 - The court dismissed the appeal as the appellant failed to appear or provide representation, indicating a lack of interest in pursuing the case. Held that non-prosecution warranted dismissal (Paras Not mentioned).
Issue of Consideration
Whether the appeal should be dismissed due to the absence of the appellant and representation.
Final Decision
The court dismissed the appeal for non-prosecution as the appellant failed to appear or provide representation on the scheduled hearing dates.
Law Points
- Dismissal for non-prosecution
- absence of representation
