The High Court of Rajasthan rejected the civil appeal for non-prosecution and default. The appellant failed to file provisional fees and serve notices for nearly four years, indicating a lack of interest in pursuing the matter.
The instant appeal is rejected for non-prosecution and default.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 3111/2011
Netaram adopted son of late Shri Velaji (Jassi-mother) by caste Rebari, aged about 25 years, resident of Chhoti Kharchi, Tehsil Desuri, District Pali.
----Appellant
Versus
All by caste Sikhwal Brahman, resident of Chhotti Kharchi, Tehsil Desuri, District Pali.
----Respondent
For Appellant(s) : Mr. Jhamak Nagda for Mr. Sajjan Singh.
HON'BLE MR. JUSTICE P.K. LOHRA
Order
05/12/2018
Instant appeal is preferred by appellant-defendant to challenge order dated 7th of July 2008 passed by Addl. District Judge, Pali (for short,’learned trial Court’). By the order impugned, learned trial Court rejected the application of appellant under Order 9 Rule 13 read with Section 151 CPC to set aside exparte decree dated 19th of February, 2004 for specific performance of contract passed in favour of respondent-plaintiff.
Initially, when appeal was presented before this Court, it was reported to be barred by limitation besides other defects. Subsequently, other defects were cured and the Court was pleased to issue notice of application under Section 5 of the Limitation Act
(2 of 2)
[CMA-3111/2011]
on 24th of September, 2012. However, till date notices have not been served on the respondents. It is also noticed by the Court that appellant has not made any endeavour to file PF and notices for respondents since 5th of December, 2014. As PF and notices have not even been filed for application under Section 5 of the Limitation Act since last about four years, it is clearly apparent that the appellant is not interested to pursue this appeal.
In view thereof, instant appeal is, hereby, rejected for nonprosecution and default also.
(P.K. LOHRA),J
52-a.asopa/-
2 issues framed by the court
Whether to allow an appeal filed after a long delay in prosecuting without filing required provisional fees and notices.
Whether the appeal can be entertained in the face of appellant's inaction for over four years.
3 provisions across 2 enactments
Netaram adopted son of late Shri Velaji
Nand Kishore S/o Shri Mool Chand Ji
Pawan Kumar S/o Shri Mool Chand Ji
Smt. Radha Kumari W/o Shri Hukam Chand Ji
Smt. Leela Bai widow of Shri Mool Chand Ji
P.K. LOHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
