RAJU Vs. GYAN BAI

JUDGEMENT

(1.) IA.1024/2018, at the instance of respondent, is an application for dismissal of appeal due to non-payment of interim maintenance and litigation expenses ordered on 19.06.2013.

(2.) On 22.02.2018, appellant was granted time to file reply to said application. It was further ordered that in case if reply is not filed, the application shall be considered on its own merits and no further opportunity shall be granted to file reply.

(3.) When the matter is taken up today, learned counsel for the appellant submits that there is no contact with the appellant; therefore, he is unable to make any statement in respect of the fact as to whether order passed on 19.06.2013 has been complied with. As there is no cogent material document on record to establish that the appellant has complied with the order passed on 19.06.2013, we have no option but to dismiss the appeal for non-compliance of the said order with a liberty to the appellant that in case if he deposits the entire amount due in favour of the respondent which arises from the order dated 19.06.2013, within a period of three months from today, he shall be at liberty to revive the appeal.