Smt Pratima Bhattacharya v. Smt Pramila Pal & Ors.
Case brief
What is this about?
Order dated 01.08.2024 dismissing Second Appeal SA 179 of 1992 (Pratima Bhattacharya v. Pramila Pal & Ors.) for non-prosecution after seventeen adjournments (21.07.2023–31.07.2024); the appellant's advocate failed to type out and file the supplementary paper book ordered on 30.04.2024 (reported by Assistant Registrar IX (I/C) on 04.07.2024) and was absent on 31.07.2024; copy of order forwarded to the concerned trial court. Bench: Ananya Bandyopadhyay, J. Appellant's advocates: Jit Roy, Rahul Nag; respondents Nos. 2–4: Saumyan Datta, Rajendra Nath Barik. Relevant to: dismissal of appeals for non-prosecution, consequences of counsel's repeated absence and non-compliance with paper-book preparation orders, handling of long-pending appeals.
What did the court decide?
From the appellant's conduct — failure to prepare and file the supplementary paper book and repeated non-appearance — the Court found the appellant not interested in proceeding with the hearing of the appeal and intending to procrastinate purposely to the detriment of the respondents.