The court dismissed a second appeal because the appellant failed to deposit the process fee for summoning lower court records within a week's time granted under a previous order, rendering non-compliance with Chapter XII Rule 4 of the Allahabad High Court Rules, 1952.
Appeal dismissed for non-compliance with earlier order to deposit process fee.
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Court No. - 19
Case :- SECOND APPEAL No. - 354 of 2011
Appellant :- Rameshwar Kushwaha Respondent :- Munshi Lal And Ors. Counsel for Appellant :- Ravi Nath Tilhari,L.J. Maurya,Prabhat Kumar Counsel for Respondent :- Ravi Prakash Yadav,Alok Srivastava
Hon'ble Jaspreet Singh,J.
This Court on 10.08.2023 had passed the following order, which reads as under:-
"By means of order dated 14.02.2019 the appellant was directed to take steps for summoning the lower court records, however, till date the process fee has not been deposited for summoning the lower court records.
A week's time is granted to the learned counsel for the appellant to comply with the earlier order failing which the appeal shall stand dismissed without further recourse to the Court."
The office by means of its report dated 05.09.2023 has stated that the appellant has failed to take steps.
Accordingly, in view of the earlier order dated 10.08.2023, the appeal stands dismissed under Chapter XII Rule 4 of the Allahabad High Court Rules, 1952.
Order Date :- 12.9.2023 Gurpreet Singh
Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether appeal should be allowed due to non-compliance of earlier order depositing process fee for summoning lower court records?
Rameshwar Kushwaha
Munshi Lal And Ors.
Gurpreet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
