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1990 DIGILAW 449 (KER)

K. S. R. T. C. v. R Shanmugh Chandran

1990-10-31

K.P.BALANARAYANA MARAR, K.S.PARIPOORNAN

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ORDER K.S. Paripoornan, J. 1. The above case is coming up before the Bench since the appellant has not cured the defect, noticed by the office. The appeal was admitted by a Bench of this Court on 6th March 1990. Notice was given to the Advocate to take steps to issue notice to the respondents on 2nd July 1990. This seems to have been repeated on. 13th September-1990. No steps were taken. So the matter was posted before the Bench on 18th September 1990. A Bench of this Court allowed one week's time to cure the defects. Even so, no steps were taken to cure the defects. The office noted the same and sent up the matter to the Bench. When the matter came up before the Bench on 1st October 1990, one more week was allowed to cure the defects-Even so, no step was taken to cure the defects. It is so noticed by the office on 11th October 1990. The matter came up before this Bench on 30th October 1990. The defects were not cured. So, we posted the matter for disposal and to pass further orders. When the matter came up today, counsel for the appellant submitted that he had already cured the defects. 2. A survey of the events show that no prompt steps were taken to issue notice to the respondents, though notice was issued to the Advocate from time to time. The matter came up before the Bench on two occasions. Time was granted to cure the defects. Even so, no steps were taken. 3. We are distressed to note, that notwithstanding a practice note by a Bench of this Court, as early as 8th of February, 1988, in Writ Appeal No. 305 of 1986, no attention is paid to take appropriate steps promptly to cure the defects and to render the appeal ripe for hearing. We shall, with advantage, quote the observations of the Division Bench in Writ Appeal No. 305 of 1986, dated 8th February, 1988. "It is obvious that the rules have been framed to ensure that trivial matters are not brought before the court to avoid unnecessary spending of precious time of the court. It is the duty of the counsel/party to note the defects pointed out and take appropriate steps promptly to comply with the same. "It is obvious that the rules have been framed to ensure that trivial matters are not brought before the court to avoid unnecessary spending of precious time of the court. It is the duty of the counsel/party to note the defects pointed out and take appropriate steps promptly to comply with the same. When there is no compliance and the matter is posted before the Deputy Registrar, it is their duty to appear before the Deputy Registrar and to take necessary steps. But if none comply with the notice within time and do not appear before the Deputy Registrar when the matter is posted before him, he is constrained to post the matter for orders before the court. This results in unnecessary spending of precious time of court. We would therefore like to make it known that If there is no due compliance with the relevant rules in this behalf and prompt steps are not taken and there are no good grounds for the same, the normal rule to be followed in such cases is to dismiss the appeal/petition for non-prosecution as against the concerned parties." 4. In the light of the above, ordinarily, we should dismiss the appeal for default. However, by way of indulgence, we condone the delay in not curing the defect in time, and direct the office to take steps in pursuance to the process remitted yesterday. 5. We are informed that the practice note issued by the learned Chief Justice as early as 8th February 1988, has not been brought to the notice of the members of the Bar. Suffice it, to say, that it shall be the duty of the Registrar to forward a copy of the order, dated 8th February 1988 in Writ Appeal No. 305 of 1986 to the President of the Kerala High Court Advocates Association and also to the Advocate General, State of Kerala, for information and appropriate action in that regard. The Editor, Indian Law Reports series (Kerala) shall also be supplied with a copy of the order, dated 8th February 1988, rendered in Writ Appeal No. 305 of 1986, so that, the practice note may be published in the earliest copy of the Indian Law Reports. Ordered accordingly.