Rabi Lochan Addya vs Gokul Rajak
2022 Latest Caselaw 3503 Cal

June 23, 2022 Sl. No.13 Court No.8 s.biswas FA 162 of 2012 Rabi Lochan Addya vs.

Gokul Rajak

The appellant is not represented, nor any

accommodation has been prayed for on behalf of the

appellant.

From the record it would reveal that since May, 2018

the appellant is not represented, even in spite of earlier

peremptory direction passed with regard to hearing of the

appeal, failure to appear on the date fixed, may result in

dismissal of the appeal for default is ignored.

On 15th June, 2022 after taking into consideration

past conduct of the appellant, we directed this appeal to

be listed on 22nd June, 2022 and we observed that if in

the event the appellant is not represented on the

adjourned date, it shall be presumed that the appellant is

not interested to proceed with the matter and the appeal

may be dismissed for default.

We propose to decide the matter on the basis of

Lower Court Record and paper-book filed.

The appeal is arising out of the judgment and order

dismissing the suit for specific performance of contract.

The appellant has failed to aver and prove that he has

performed his part of the obligation. The appellant has

failed to establish his case by adducing sufficient and

cogent evidence. The appellant has failed to prove his

readiness and willingness to perform his obligation as

required under the alleged agreement. This has been

elaborately discussed by the learned Trial Judge in Sub-

paragraphs (i) to (vii) of the impugned judgment

appearing at internal pages Nos.35 to 37 of the said

judgment. The said evidence are based on the available

record and clearly disentitles a discretionary relief to the

appellant. On the basis of said evidence, we do not find

any reason to come to a different conclusion.

The appeal stands dismissed.

No order as to costs.

(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)