Bhagyaban v. Balram
Case brief
What is this about?
The court dismissed an appeal for non-prosecution after noting that the sole appellant died during pendency but failed to file a substitution application despite prior orders. Connected miscellaneous cases were also disposed of.
What did the court decide?
The appeal stands dismissed for non-prosecution, and all connected Misc. Cases/I.A. are disposed of.
What the court decided
SA No. 80 of 1998
09. 23.09.2019 None appears for the appellant.
2. On 05.01.2018, the following order was passed:
“Learned counsel for the appellant submits that the sole appellant died during pendency of the appeal. He seeks time to file an application for substitution.
List this matter on 07.02.2018.”
- On 13.05.2019, this court passed the following order:
“Heard.
Steps for substitution be taken peremptorily by end of June, 2019.”
- In spite of the above orders, the appellant has not taken any step to proceed with the matter. It appears that the appellant is not interested to prosecute the case.
In that view of the matter, the appeal stands dismissed for non-prosecution. All connected Misc. Cases/I.A. are also disposed of.
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Issues for consideration
2 issues framed by the court
Whether the appeal should be dismissed for non-prosecution due to the appellant's failure to substitute a dead appellant?
Whether connected miscellaneous cases should be disposed of along with the dismissed appeal?
Parties & counsel
- appellant
Appellant
- respondent
None
Coram
K.S. Jhaveri
Case details
As recorded by the court registry
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