Case Note & Summary
The case involved an application by the respondents seeking to rescind the special leave granted to the appellants to appeal to the Supreme Court against a judgment of the Calcutta High Court. The Supreme Court had granted special leave on May 25, 1954, requiring the appellants to furnish security for costs and make a deposit within specified timelines. The appellants complied with these requirements, but the respondents later complained about delays in prosecuting the appeal, leading to the current application. The court examined the procedural history, noting that the Registrar of the High Court failed to issue a notice of admission of the appeal, which was necessary for further steps to be taken. The court found that the appellants could not be blamed for the delays as the initial procedural irregularity was not their fault. Consequently, the court dismissed the respondents' application to rescind the special leave, emphasizing that the appellants had fulfilled the conditions set by the Supreme Court. The Registrar of the High Court was directed to issue the necessary notice for the admission of the appeal, and the appellants were instructed to take prompt steps towards the printing and transmission of the record to the Supreme Court. No costs were awarded in this application.
Headnote
A) Civil Procedure - Special Leave to Appeal - Rescission of Special Leave - Supreme Court Rules, 1955, Order XIII, Rule 13 - The court held that the Registrar of the High Court's failure to issue notice of admission of the appeal constituted an initial irregularity, preventing the appellants from being held responsible for delays in prosecution. The application for rescinding special leave was dismissed as the appellants had complied with the Supreme Court's directions regarding security and deposits (Paras 1-2).
Issue of Consideration
Whether the special leave granted to the appellants should be rescinded due to alleged delays in prosecution of the appeal.
Final Decision
The Supreme Court dismissed the respondents' application to rescind the special leave, stating that the appellants had complied with the Supreme Court's directions regarding security and deposits. The court directed the Registrar of the High Court to issue a notice of admission and instructed the appellants to take prompt steps towards the printing and transmission of the record to the Supreme Court. No costs were awarded.
Law Points
- Special Leave
- Civil Procedure Code
- Supreme Court Rules
- Admission of Appeal
- Judicial Discretion
