IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CR 18 of 2007. Date of decision 18.3.2008. Krishanoo Ram …Petitioner. Versus Ram Sahai …Respondent. Coram: The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 No. For the petitioner: Mr. J.R.Poswal, Advocate. For the respondent: Mr. K.B.Khajuria, Advocate. Dev Darshan Sud, J.(Oral) This revision petition has been preferred by the appellant- plaintiff against the order of the learned District Judge who has dismissed the appeal filed by him against the judgment and decree of the learned trial Court rejecting the prayer of the plaintiff for the reliefs claimed in the suit. The appeal was dismissed for non prosecution as the appellant has not deposited the process fee for service of respondent No. 2, although three opportunities had been granted to him. I have heard the learned counsel for the parties and perused the record. I do not find any legal ground to interfere with the order passed by 1 Whether Reporters of Local Papers are allowed to see the judgment? Yes. - 2 - the learned appellate Court. No party has the right to keep litigation alive ad infinitum and to have audience of the Court at his whim and pleasure. The practice of not complying with Court orders is to be discouraged. The Court’s docket cannot be allowed to be crowded by cases which are not prosecuted with punctuality. There is only one exception to this and that is sometimes the rigours of law are to be tempered with equity. After hearing learned counsel for the parties and keeping in view the fact that according to the petitioner, respondent No. 2 who was serving in the Army and the appellant was unable to serve him as he was not familiar with the address of respondent No. 2 whose job was transferable, this revision petition is allowed. The order of the learned District Judge is set aside. This will be subject to the condition that the appellant shall pay Rs.2500/- as costs to the opposite side. Parties will appear before the learned District Judge on 7.5.2008. Costs shall be paid before further proceedings are taken by the learned District Judge either on 7.5.2008 or on a date not later than one month i.e. on or before 7.6.2008. It is clarified that in case such costs are not paid, this revision petition will be deemed to have been dismissed and the order passed by the learned - 3 - District Judge in appeal dismissing the case for non prosecution shall revive. Parties shall appear before the District Judge on 7.5.2008. Records of the case be sent to the Court immediately. March 18, 2008 (PC). (Dev Darshan Sud), J.