2025 (11) TMI 695

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on-appearance or on one ground or the other. During the hearing on 05.06.2025 we had made the following order: When the appeals came up for hearing, the learned AR for Revenue has requested for an adjournment. We also find that the main appellant Sanjay Lakhani Kishore Bhai has not been represented. It is however seen that the learned counsel for the appellant has sent an email requesting for an adjournment and for posting the case for hearing after four weeks. We also find that the counsel for the appellant was informed during the last hearing that his request for adjournment earlier was granted on a last chance basis. However, considering the request made by Revenue, all the appeals are posted for hearing on 10.7.2025 as last cha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of the justice. Any effort which weakens the system and shake the faith of the common man in the justice dispensation has to be discouraged. Therefore the courts shall not grant the adjournments in routine manner and mechanically and shall not be a party to cause for delay in dispensing the justice. The courts have to be diligence and take timely action in order to usher in efficient justice dispensation system and maintain faith in rule of law. We are also aware that whenever the trial courts refused to grant unnecessary adjournments many a times they are accused of being strict and they may face displeasure of the Bar. However, the judicial officers shall not worry about that if his conscience is clear and the judicial officer has to bear....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....], heard an appeal wherein the major contention of the appellant was that the High Court should have dismissed the appeal for non-prosecution in terms of the order XLI Rule 17 CPC and particularly the Explanation thereto instead of dismissing the appeal on merits. The Hon'ble Court after extracting Order XLI Rule 17 of the CPC, which reads as under: "17. Dismissal of appeal for appellant's default :- (1) Where on the day fixed, or on any other day to which the hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed. Explanation. - Nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on the....