Sivakumar V (Accounts Manager) 09 December 2014

Fate of appeal

When a hearing was scheduled, the petitioner who filed the appeal could not appear on the scheduled day due to certain reasons beyond his control, does it mean that he will not get another opportunity to be heard? Or has to make a revision petition get another hearing opportunity?

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3 Replies

Dalip Singh (Advocate) 10 December 2014

Go to the court and check from the Reader/Ahlmad of the court about the fate of the appeal and next date of hearing. Mostly, the appeal is not dismissed on the first date itself. An opportunity to appear on the next date must have been given. Hurry, contact your lawyer or go to the court to know about the next date today itself. May be the next date is fixed for an early date.

Sivakumar V (Accounts Manager) 11 December 2014

Respected Sir,

I am extremely thankful for you valuable input.

I will toe your line of suggestions.

Regards,

V. SIVAKUMAR

sudalaimuthu (Advocate) 11 December 2014

sir,

The ADC (CT) have to consider the appeal only on merits even no one is represented. he can't dismiss the appeal for non prosecution. so you have no other option except approaching STAT , Madurai . several judgments are there to this effect that appeal should not be dismissed at a first instance citing the reason of non prosecution.

regards

sudalai muthu.N