SUDHIR KUMAR GUPTA Vs. INDER CHAND JAIN

JUDGEMENT

(1.) By this order we propose to decide this application filed by the respondent whereby review of the order dated 28th September, 2004 passed by us has been sought. According to the respondent applicant, as the appellant failed to file duly corrected paper books, the present appeal was dismissed for non-prosecution by an order passed on 6th May, 2002. The order passed by this Court was assailed by the appellant before the Supreme Court which had passed the conditional order dated 24th March, 2003 directing restoration of the appeal on the appellant's filing requisite number of paper books duly corrected in the High Court within four weeks from today. Shorn of unnecessary detail, the application states that the appellant has filed incomplete, incorrect and defective paper books and has failed to comply with the order of the Supreme Court. Even defects pointed out by the Registry have not been removed and consequently the appeal deserves to be dismissed in terms of the orders passed by this Court. It is further pointed out that this Court by an order dated 25th May, 2004 granted time to the appellant to complete the paper books as directed by ihe Supreme Court and also to remove the objections raised by the Registry by its letter dated 20th September, 2003. This Court had directed that in case the appellant failed to comply with this order and direction, the appeal would automatically stand dismissed. For this reason as well, it is contended that the appeal stands automatically dismissed and for this reason, the order dated 28th September, 2004 recording that the appellant had complied with the order of the Apex Court and filed complete paper books is contrary to the record and consequently requires to be reviewed.

(2.) The appellant has filed a reply and has contested this application on every submission therein contained.

(3.) We have heard learned counsel for the parties at great length. Both parties have also filed written submissions in support of their respective contentions and placed strong reliance on the record of the instant case though have urged a different construction thereon. Therefore, it becomes necessary to examine the proceedings before this Court in some detail.