Order dismissing appeal for want of prosecution.
Gopal Krishnan
(Querist) 27 April 2016
This query is : Resolved
My landlord filed suit for eviction in 2000 which was dismissed by small causes court in April 2014. Land filed appeal. I being senior citizen aged 78 years and terminally ill and invalid. made application to expedite appeal, which was allowed by the court 15 months back inspite of objection by appellant. Appellant is not interested to prosecute the appeal and he and his advocate continuously remain absent when mattter is listed without giving any reason, but I remain present every time with extreme hardship and incurring heavy expenses. On my pointing out the conduct of appellant, court fixed date to pass dismissal order but when the matter was called out and in spite of absence of appellant and his advocate and my plea, the court again adjourned the appeal for 45 days for passing dismissal order without giving any reason though there was no other expedited or part heard matter pending and the court was not having any urgent matter. I protested but in vain. I am fed up. Matter was listed 23 times during last one year,I attended
every time but appellant did not attend a single time though his advocate appeared on 6 occasions to seek adjournment. My advocate does not press for passing order and says this is how courts function ! What am I to do ? Shall I complain to the Chief Justice of Bombay High Court and the Supreme Cout ? I do not want to file writ in High Court and incur further expenses and invite physical and mental torture at the fag end of my life. Kindly advise. Gopal Krishnan
Devajyoti Barman
(Expert) 27 April 2016
Appeal can not be dismissed for default. It must be disposed of on merit and that is why the court is adjourning the hearing in absence of appellant.
Next time hear the matter so the court disposes appeal on merit.
Do not insist on dismissal on non prosecution. Appeal court can not do so.
