(Per : HONOURABLE MR.JUSTICE PARESH UPADHYAY) [1] This appeal was filed with office objections and this Court, vide order dated 29.11.2007 had granted time to remove office objections. However, since that was not done, the appeal stood dismissed for non-removal of office objections, at the relevant time.
[2] Under the circumstances, Misc. Civil Application No. 2617/2008 was filed for restoration of appeal and since the said application was barred by limitation, Civil Application No. 8434/2008 for condonation of delay was also filed on behalf of the appellants. Said Civil Application No. 8434/2008 came to be allowed by this Court vide order dated 30.9.2008, and thereafter, Misc. Civil Application No.2617/2008 was allowed vide order dated 16.12.2008, whereby, time to remove office objections was extended by two weeks from 16.12.2008. However, in the said order, no stipulation was provided that, in the event, office objections are not removed within stipulated time, the appeal would stand dismissed for non-prosecution.
[3] Office objections are not removed till date, but since, the dismissal of appeal for non-prosecution in the event of non-removal of office objections was not provided for in the order dated 16.12.2008, as noted above, the appeal stands even today at stamp number level, and under these circumstances, the appeal is listed before this Court today.
[4] The office note dated 18.4.2012 records that there are following five office objections:
Office objection no.4- Court fees not paid Rs.
52,450/-
Office objection no. 16- Paging not done.
Office objection no. 17- Second set not filed.
Office objection no. 20- Copies are not attested as true copy.
Office objection no. 30- Pleading not supplied.
[5] We would have considered the matter on merits even dispensing with the office objections, if they were mere clerical in nature. However, one of the office objection is non-payment of court fees amounting to Rs. 52,450/-.
[6] Under the circumstances, the appeal stand dismissed for non-prosecution. The Registry is directed not to list Misc. Civil Application, if any, filed on behalf of the appellants for restoration of this appeal, unless the court fees, as required, on main appeal is paid. Appeal stand dismissed for non-prosecution.
(M.D.
SHAH, J.) (PARESH UPADHYAY, J.) satish Top