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2023 (12) TMI 910 - CESTAT ALLAHABADMaintainability of appeal - non-prosecution of the case - matter adjourned beyond three times - HELD THAT:- In case of ISHWARLAL MALI RATHOD AND SMT. LEELABAI & ONE ANOTHER VERSUS GOPAL & OTHERS (VICE-VERSA) [2021 (2) TMI 1360 - MADHYA PRADESH HIGH COURT] condemning the practice of adjournments sought mechanically and allowed by the Courts/Tribunal’s Hon’ble Supreme Court has observed considering the fact that in the present case ten times adjournments were given between 2015 to 2019 and twice the orders were passed granting time for cross examination as a last chance and that too at one point of time even a cost was also imposed and even thereafter also when lastly the High Court passed an order with extending the time it was specifically mentioned that no further time shall be extended and/or granted still the petitioner – defendant never availed of the liberty and the grace shown. In fact it can be said that the petitioner – defendant misused the liberty and the grace shown by the court. It is reported that as such now even the main suit has been disposed of. In view of the circumstances, the present SLPs deserve to be dismissed and are accordingly dismissed. There are no justification for adjourning the matter beyond three times which is the maximum number statutorily provided - Appeal is dismissed for non prosecution in terms of Rule 20 of CESTAT Procedure Rules, 1982.
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