Order 37
Annapurna
(Querist) 04 April 2014
This query is : Resolved
Suppose a conditional leave to defend has been granted to A on the condition he has to submit security with the Court within 10days. However, on day 5 he files an Appeal against the conditional leave to defend order.
Ques. Will the appeal be dismissed on the ground of non compliance of the order of submission of security with the court?
Devajyoti Barman
(Expert) 04 April 2014
Non-compliance of of order is not ground for dismissal of appeal. If you so comply then what is the point in appeal.
The appeal would be hard in merit. However the condition will not be waived but may be amount to be deposited may be lessened.
ajay sethi
(Expert) 04 April 2014
no it wont be dismissed . court may reduce amount to be deposited in court if it finds merit in Appellants case
Annapurna
(Querist) 04 April 2014
Thank you Mr. Barman and Mr. Sethi.
ajay sethi
(Expert) 04 April 2014
thanks for your appreciation
Nadeem Qureshi
(Expert) 04 April 2014
appeal can not be dismissed as advised experts
Rajendra K Goyal
(Expert) 04 April 2014
Appeal would be decided on merit and would not be dismissed.
R.K Nanda
(Expert) 04 April 2014
agree with experts.
