Sunanda Vs. Lakshmi Bai

civil procedure code, 1908 (central act no. 5 of 1908) - order 41 rule 14 and high court rules, chapter xiii rule 12 -- notice regarding return of process to be mandatorily affixed on appellate court house.;appeal dismissed under order 9 rule 5 cpc for failure to take steps to re-issue notice returned unserved. by application under section 151 cpc appellant sought recalling or setting aside the order. contended that in the absence of compliance with rule 12 in chapter xiii of high court rules requiring return of process being notified by the office, return of notice unserved was not known.;this appeal has been admitted. notices for hearing of the appeal were issued. therefore, order 41 rule 12 cpc would be applicable. when that is so, the provisions of order 41 rule 14 cpc would be mandatorily applicable. order 41 rule 14 cpc mandatorily prescribes that the notice of the day fixed forbearing of the appeal as provided in rule 12 of order 41 cpc shall be affixed on the appellate court house and so on. therefore the practice prescribed by rule 12 in chapter xiii of the high court rules cannot be given up when it is mandatorily required by order 41 rule 14 cpc that such notice has to be affixed on the appellate court house the office is directed to make arrangements to follow strictly this procedure.;-- order 41 rule 19 -- provides remedy in case of dismissal under rule 18 -- appeal already admitted cannot be dismissed under order 9 rule 5.;if an appeal is dismissed under order 41 rule 18 cpc a right is given to the party aggrieved under order 41 rule 19 cpc. in regard to the dismissal of the suit, the remedy is provided in older 9 rule 5(2) of cpc. it, therefore, follows that an appeal which has been already admitted cannot in law be dismissed tor non-prosecution by applying the provisions of order 9 rule 5 cpc. - section 2(f) ; [dr. k.bhakthavatsala, j] object and scope - right to information -information sought by the third respondent regarding statement of assets.....order 41 rule 19 -- provides remedy in case of dismissal under rule 18 -- appeal already admitted cannot be dismissed under order 9 rule 5.if an appeal is dismissed under order 41 rule 18 cpc a right is given to the party aggrieved under order 41 rule 19 cpc. in regard to the dismissal of the suit, the remedy is provided in older 9 rule 5(2) of cpc. it, therefore, follows that an appeal which has been already admitted cannot in law be dismissed tor non-prosecution by applying the provisions of order 9 rule 5 cpc.