2025 (7) TMI 637

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....ier occasions i.e. for almost 15 occasions, the ld. Counsel either in-person or through proxy had sought adjournments on one ground or the other and for the last two occasions there was no representation on behalf of the appellant. We find that the appellant is not interested in pursuing the appeal. 3. We note that the Hon'ble Apex Court in the case of Ishwarlal Mali Rathod vs Gopal & Others [Special Leave Petition (Civil) Nos.1411714118 OF 2021, dated: 20.09.2021 / LL 2021 SC 500], while condemning the practice of seeking repeated adjournments has observed as follows : "5.5 Today the judiciary and the justice delivery system is facing acute problem of delay which ultimately affects the right of the litigant to access to justice and the ....

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....ice and for whom Courts are meant and all efforts shall be made by the courts to provide timely justice to the litigants. Take an example of the present case. Suit was for eviction. Many a times the suits are filed for eviction on the ground of bonafide requirements of the landlord. If plaintiff who seeks eviction decree on the ground of personal bonafide requirement is not getting the timely justice and he ultimately gets the decree after 10 to 15 years, at times cause for getting the eviction decree on the ground of personal bonafide requirement may be defeated. The resultant effect would be that such a litigant would lose confidence in the justice delivery system and instead of filing civil suit and following the law he may adopt the oth....

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....ear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits and went on to allow the appeal. [Also see: Ghanshyam Das Gupta Vs Makhan Lal - AIRONLINE 2012 SC 322; Abdur Rahman & Ors Vs Athifa Begum & Ors - AIRONLINE 1996 SC 621; Musaliarakath Muhamad Alias Bava vs M.R. Ry. Manavikrama The Zamorin Rajah - AIR 1923 MADRAS 13] 5. We find that Rule 20 of CESTAT (Procedure) Rules, 1982, states as under: "Rule 20. Action on appeal for appellant's default. - Where on the day fixed for the hearing of the appeal or on any other day to which such hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing, the Tribunal may, in its discretion, either dismiss the a....