Supreme Court of India

BAWA NIHAL SINGHversusTHE STATE OF PUNJAB THROUGH LAND ACQUISITION COLLECTOR, FARIDKOT.

Citation: 1995 INSC 664
Decided: 1 November 1995
Disposal: Disposed off
Bench: K RAMASWAMYB N KIRPAL

Holding

The appeal is dismissed as having abated because the civil miscellaneous petition was dismissed by operation of the court's order for non‑compliance.

Summary

The appellant, Bawa Nihal Singh, filed a civil miscellaneous petition but failed to pay the required deficit process fee and to file the necessary applications despite multiple notices from the court. The court issued several reminders on 15 May 1993, 13 June 1994, 15 July 1994, and 6 August 1994, each time attaching a default clause, but the appellant remained non‑compliant. On 2 January 1995 the court granted a final four‑week period to comply, warning that failure to do so would result in dismissal of the petition. The appellant did not comply, and the court dismissed the petition by operation of its order and held that the appeal had abated as a whole. Consequently, the appeal was dismissed without costs.

Issues considered

Whether the appeal should be dismissed for abatement due to the appellant's failure to pay the deficit process fee and file the required applications despite court notices.

Subjects

procedural defaultdeficit process feecivil miscellaneous petitionabated appealcourt notice compliancedismissal

Judgment

A                             BAWA NIHAL SINGH
                                          v.
       THE STATE OF PUNJAB THROUGH LAND ACQUISITION
                    COLLECTOR, FARIDKOT.

                                NOVEMBER 1, 1995
B
                   [K. RAMASWAMY AND B.N. KIRPAL, JJ.]

            Practice & Procedure :

       Non-compliance of Court's notice-Non-payment of deficit process fee
c and non-filing of applications-Time granted to comply with and in default
    ordered that the application shall be dismissed-By self-operation of order,
    applications stand dismissed-Consequently appeal dismissed as having
    abated as a whole.

D          In this appeal despite several letters, deficit process fee was not paid
    and applications were not filed. When the matter was listed again, it was
    reported that one of the appellants died and his legal representatives were
    to be brought on record; and that the deficit process was not deposited and
    applications were not filed. One more notice was issued but there was no
    compliance. Once again the matter was listed on 2.1.95 and this Court
E   granted four weeks time for complying with the office objections and or-
    dered that in default the Civil Miscellaneous Petition would stand dis-
    missed.

            Disposing of the matter, this Court

F         HELD: In view of this Court's order dated 2.1.95 the applications by
    self-operation of the said order stand dismissed. Consequently the appeal
    also requires to be dismissed as having abated as a whole. (691-D]

            CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8392 of
    1983.
G
         From the Judgment and Order dated 11.9.79 of the Punjab &
    Haryana High Court in R.F.A. No. 94 of 1975.
                                                          •

            Mrs. Kamaljcet Kochhar for J.D. Jain for the Appellant.

H           Ranbir Yadav for G.K. Bansal for the Respondent.
                                          690
                            B.N. SINGH v. STATE                             691

       The following Order of the Court was delivered :                            A
        It is very unfortunate that the matter is not being prosecuted diligent-
ly. It is seen from the office report dated October 25, 1994 that after issue
of notice by this Court on 3.5.1993, letters were issued to the counsel for
the appellant on 15.5.1993, 13.6.1994, 15.7.1994 and 6.8. l994 with a default
clause to pay the requisite deficit process fee and also to file copies of the     B
applications. However, no action was taken. Again when the matter was
listed on 3.5.1993, it was reported that one of the appellants died and his
legal representatives were directed to be brought on record, notice to be
taken and process fee along with miscellaneous petition was required to be
deposited. The Registry of this Court has given notice to the counsel for          c
payment of the requisite process fee along with the copies of petitions but
that was also not done. When the matter was again posted before the Court
on 2.1.1995 for further orders, this Court ordered : "Four weeks for
complying with the office objections. In' default, the Civil Misc. Petition
Nu,. 4315-17/87 shall stand dismissed". Therefore, the applications by self-
opc:ation of the said order stand dismissed.                                       D
      Consequently, the appeal also requires to be· dismissed as· having
abated as a whole. It is accordingly dismissed. No costs.

G.N.                                                        Appeal dismissed.

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