This was a one-line order dismissing a second appeal as a result of the appellant's failure to pay the requisite fees for issuing notice under Chapter 12 Rule 4 of the High Court Rules, 1952.
The appeal was dismissed for non-compliance of Chapter 12 Rule 4 of the High Court Rules, 1952 and failure to pay requisite notice fees.
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Court No. - 53
Case :- SECOND APPEAL No. - 167 of 2018
Appellant :- Purnavasi And 8 Others Respondent :- Jeorkkhan And 37 Others Counsel for Appellant :- Vinod Kumar Singh,Anjali Singh,Manvendra Nath Singh
Hon'ble Vivek Agarwal,J.
This case is listed under Chapter 12 Rule 4 of the High Court Rules, 1952.
Nobody is appearing for the appellant even when the list is revised. In terms of provisions contained in Chapter 12 Rule 4 of the High Court Rules, 1952, it is directed that in case requisite fees or cost for issuing notice is not paid or the requisite notice are not complied within time prescribed under Rule 3, the case would be listed for dismissal and shall be dismissed as against persons who have not been served on account of the default notice on the case being called and application sent by the party of his Advocate or brief holder together with the requisite process fees or cost or unless case may be represented to the court.
In the present case since second part of the Rule 4 of Chapter 12 has not been complied with and no requisite process fees or cost for issuing notice has been paid.
The appeal is dismissed for non compliance of the aforesaid provisions.
Order Date :- 18.2.2020 S.K.S.
1 issue framed by the court
Whether the second appeal should be dismissed due to non-payment of requisite notice fees under Chapter 12 Rule 4 of the High Court Rules, 1952.
Purnavasi And 8 Others
Jeorkkhan And 37 Others
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
