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CHOTU LAL v SMT.MADHU - CMA Case No. 1964 of 2006  RD-RJ 3144 (4 July 2007)
D.B.CIVIL MISC. APPEAL NO.1964/2006
(Chotulal Vs. Smt.Madhu)
DATED : 04.07. 2007
HON'BLE MR.JUSTICE P.B.MAJMUDAR
HON'BLE MR.JUSTICE DINESH MAHESHWARI
Mr.P.S.Chundawat for the appellant
Inspite of the specific order passed by this Court on 20.12.2006 by which it was directed that notice be issued on furnishing Rs.5,000/- to the Dy.Registrar (Judicial) as provisional cost of litigation, the appellant has not cared to deposit the said amount though more than six months have passed. No explanation has been given in this behalf in any manner nor application for extension of time has been moved.
The amount was ordered to be deposited for the respondent wife to meet the expenditure necessary to be incurred for appearing before this Court. The order of this Court has been taken very casually and the amount has not been deposited as ordered by this Court. Since issuance of notice was conditional one and appellant has not complied with the condition, the appeal cannot be proceeded further and deserves to be dismissed for non-compliance of the orders of this Court.
The appeal stands dismissed accordingly.
(DINESH MAHESHWARI),J. (P.B.MAJMUDAR),J.
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