Case Note & Summary
The case involves an appeal filed by the appellant(s) against an order of the Rajasthan State Commission. The appeal was filed on 05.04.2023, and notice was directed to be issued on 18.04.2023. Notices to respondent no. 1 were returned with postal remarks 'Addressee not found' and to respondent no. 2 with 'Addressee left possession by PNB'. On 18.09.2023, the appellants undertook to provide the correct addresses of the respondents within four weeks. However, the appellants failed to comply with this undertaking. Consequently, the court dismissed the appeal for non-prosecution due to the appellants' failure to take steps to serve the respondents.
Headnote
A) Civil Procedure - Service of Notice - Dismissal for Non-Prosecution - The appellant failed to serve the respondents despite notices being returned unserved and an undertaking to provide correct address within four weeks. The court dismissed the appeal for non-prosecution as the appellant did not take steps to effect service. (Paras 1-3)
Issue of Consideration
Whether the appeal should be dismissed for non-prosecution due to failure to serve the respondents despite multiple opportunities and an undertaking to provide the correct address.
Final Decision
Appeal dismissed for non-prosecution due to failure to serve respondents despite undertaking.
Law Points
- Service of notice
- Non-prosecution
- Dismissal of appeal
- Substituted service
Case Details
2025 LawText (NCDRC) (01) 23
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Nature of Litigation
Civil appeal against order of Rajasthan State Commission
Remedy Sought
Appeal against the order of the State Commission
Filing Reason
Challenge to the order of the Rajasthan State Commission
Previous Decisions
Notices to respondents returned unserved; appellants undertook to provide correct addresses but failed.
Issues
Whether the appeal should be dismissed for non-prosecution due to failure to serve respondents.
Submissions/Arguments
Appellants sought four weeks' time to serve respondents and undertook to provide correct addresses.
Ratio Decidendi
An appeal may be dismissed for non-prosecution if the appellant fails to take steps to serve the respondents despite being given opportunities and an undertaking to do so.
Judgment Excerpts
Notices to respondent no. 1 were returned with postal remarks 'Addressee not found' and to respondent no. 2 with 'Addressee left possession by PNB'.
On 18.09.2023, the appellants undertook to provide the correct addresses of the respondents within four weeks.
The appellants have not complied with the said undertaking.
Procedural History
Appeal filed on 05.04.2023; notice issued on 18.04.2023; notices returned unserved; on 18.09.2023 appellants undertook to provide correct addresses within four weeks; undertaking not complied with; appeal dismissed for non-prosecution.
