Robi Roy v. Sufal Chandra Som and Ors.
Case brief
What is this about?
Dismissal of FAT appeal for default due to non-appearance of parties/counsel; condonation of delay application (CAN 1 of 2021) dismissed for default rendering appeal timebarred; heirs of defendant no.11 brought on record as respondent nos. 12(a) to 12(c) but application for leave to prefer appeal against them never filed despite direction; CAN 2 of 2021 and CAN 3 of 2023 dismissed; no order as to costs. Relevant to procedural defaults, adjournment practice, and consequences of failure to prosecute appeals.
What did the court decide?
Since none appeared for the parties when the appeal was called on for hearing and no application for leave against the substituted respondents was brought to the Court's notice, the Court had no other option but to dismiss the appeal and the connected applications for default. ¶6