Bombay High Court
SHRI.BALU DADAGIR GOSAVIversusSHIR.MARUTI BHAURAO SHINDE (DECEASED)
- Decided
- Disposal
- Dismissed
Holding
The Registrar granted a final four‑week extension to file the private paper book and ordered dismissal of the appeal and any pending applications if the appellant fails to comply.
Summary
The Bombay High Court, on 04/10/2024, ordered the appellant to file a private paper book within one year. The appellant failed to comply, and the matter was listed before the Registrar on 12/02/2026. Under Chapter VII, Rule 10(iii) and Rule 10(vi) of the Bombay High Court Appellate Side Rules, 1960, parties must submit two copies of the paper book within two months of the order, failing which the Registrar may dismiss the matter. After granting a two‑week extension which also lapsed, the Registrar decided to give the appellant a final four‑week period to file the paper book, warning that non‑compliance will result in dismissal of the second appeal and any pending applications. The order thus balances procedural fairness with the need to prevent undue delay in the court’s docket.
Issues considered
- What is the appropriate consequence for failure to file the private paper book within the time prescribed under the Bombay High Court Appellate Side Rules, 1960?
Subjects
- private paper book
- procedural compliance
- Civil Appeal
- Bombay High Court Rules
- Registrar's powers
- dismissal for non‑prosecution
Judgment
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.873 OF 2019
Office Notes, Office Memoranda of Coram, Court’s or Judge’s
appearance, Court’s orders or directions and orders
Registrar’s orders
CORAM : DR. M. S. DESHPANDE
REGISTRAR (JUDL. - II)
DATE : 04th March, 2026
None present.
The Hon’ble Court vide order dated
04/10/2024 directed the Appellant to file
private paper book within 01 (one) year. But,
the Appellant or his learned Advocate have not
filed private paper book. Therefore, matter
was listed on board of Registrar on
12/02/2026. Thereupon, the Appellant was
directed to file private paper book, as per the
order of Hon’ble Court. As such, since
04/10/2024, the Appellant got ample time and
opportunity to file the private paper book.
But, the Appellant failed to do so.
In view of provisions under Chapter VII,
Rule 10(iii), the Advocates/Parties are
expected to supply to the office for the use of
the Court two copies of the typed paper book
containing the papers specified in Sub-rule (i)
within 02 months of the order directing notice
to issue or the order of the Court to the
contrary.
Rule 10(vi) further provides that,
immediately after the expiry of the period
prescribed under Sub-rules (iii) and (iv) above
for the supply of paper books, the office shall
place before the Registrar all such matters if
the paper books and the title sheets have not
been supplied within the prescribed time, and
the Registrar shall dismiss all such matters for
failure to prosecute.
As such, the prescribed time to file the
paper book as provided under Bombay High
Court, Appellate Side Rules, 1960 has been
expired. 02 (two) weeks time was granted, but
all in vain. The matter is lying ideally without
any progress due to non supply of paper book.
In the back drop, instead of passing order of
dismissal outrightly, it would be just and
proper to give one more opportunity to file the
paper book.
In turn, 04 (four) weeks time is granted
with directions to file the private paper book
without fail. On failure, Second Appeal and
pending Civil Application/Interim Application, if
any, would stand dismissed without further
reference to the Court of Registrar. No further
extension will be granted.
sd/-
umk Registrar (Judl. - II)
Checking your session…