Case Note & Summary
The appeal suit numbered 3 of 1993 was brought before the Hon’ble Sri Justice K.C. Bhanu. On 21.10.2010, when the appeal was scheduled for hearing, neither party appeared, leading the court to post the matter for dismissal. On the subsequent date, 25.10.2010, again, there was no representation from the appellant, who was the A.P. Housing Board represented by its Chairman, nor from the respondents, M. Jagdish Kumar and another. The court observed that the appellant showed no interest in pursuing the appeal, which was one of the oldest pending cases. Consequently, the court dismissed the appeal suit for default, ordering no costs. The decision underscored the importance of prosecuting appeals diligently and the consequences of failing to do so.
Headnote
A) Civil Procedure - Dismissal for Default - Lack of Representation - Code of Civil Procedure, 1908 - The court dismissed the appeal for default as the appellant failed to show interest in prosecuting the appeal despite multiple hearings without representation. The court noted the appeal was one of the oldest pending cases and thus decided to dismiss it for lack of prosecution. Held that dismissal was warranted under the circumstances (Paras Not mentioned).
Issue of Consideration
Whether the appeal should be dismissed for default due to lack of representation from the appellant.
Final Decision
The court dismissed the Appeal Suit No. 3 of 1993 for default due to the appellant's lack of representation and interest in prosecuting the appeal, ordering no costs.
Law Points
- Dismissal for default
- Lack of representation
- Prosecution of appeal
