Law: Civil Procedure Code (V of 1908)

Section: O. XLI, rr. 18, 19

(a) Civil Procedure Code (V of 1908) O. XLI, rr. 18 & 19-Appeal-Dismissal and readmission-Lower appellate Court while dismissing appeal for non-prosecution acting against main respondent also under O. XLI, r. 18-Appellants, held, could invoke provisions of O. XLI, r. 19 and appeal legally competent. (b) Civil Procedure Code (V of 1908) O. XLI, r. 18-Dismissal of appeal in part-Permissible against respondents for whose service process fees not deposited.   A I R 1915 Cal. 786 and A I R 1930 Cal. 346 ref. (c) Civil Procedure Code (V of 1908) O. XLI, rr. 18 & 19-Appeal-Dismissal and readmission ---Dismissal of appeal against some respondents-May in certain cases affect continuance of appeal against others and cease to be properly framed or competent-Court in such eventuality can pass order of dismissal of entire appeal-Respondents against whom appeal liable to be dismissed under O. XLI, r. 18 merely pro forma defendants and dismissal against them not warranting dismissal of appeal against other respondents, appellate Court, in circumstance, cannot dismiss whole appeal. There may be cases in which the dismissal of the appeal against some of the respondents may affect the continuance of appeal against others and such an appeal may cease to be properly framed or competent. In such cases the Court can pass an order of dismissal of the entire appeal. If, however, the appellate Court comes to the conclusion that the respondents against whom the appeal is liable to be dismissed under Order XLI, rule 18, C. P. C. are merely pro forma respondents and the dismissal of the appeal against them may not warrant the dismissal of appeal against other respondents who have already been served, the appellate Court will not have any jurisdiction to dismiss the whole appeal. (d) Civil Procedure Code (V of 1908) O. XLI, rr. 18 & 19-Appeal-Dismissal and readmission-- Respondents having no interest in suit and impleaded merely as pro forma defendants having been neither necessary or even proper parties-Dismissal of appeal against such respondents could not affect maintainability or competence of appeal against main respondents --Sufficient cause, in circumstances, held,…