M. C. C. No.1704/2010 26.8.2011 The writ appeal contained certain defects pointed out by the office. The defects were not removed. The matter was listed before the Court, and the Court passed a peremptory order granting time to remove the defects and directed if the defects were not removed within that time, the appeal would stand dismissed without reference to the Bench. The defects were not removed despite that order, and accordingly the office recorded that the appeal stood dismissed for non-prosecution. The appellant has applied for restoration. It has been argued before us that the learned counsel for the appellant did not realise that there was a peremptory order for removing the defects. This can hardly be an excuse. If a litigant files a case in which defects/defaults are reported by the office, it is the obligation of the litigant, if he is serious about the case, to remove the defects even without the Court's order. After a Court's order, it is even more obligatory on the part of the litigant to remove the defects within the time fixed. In the circumstances, we find that appellant has been negligent in prosecuting his appeal. However, because the Supreme Court has held that the penalty for negligence, even gross negligence is costs and not shutting out hearing, therefore for this negligence we restore the appeal subject to payment of Rs. 1,000/- as costs, which will be deposited by the appellant with the Mediation Centre of Jabalpur within two weeks. Upon depositing of costs as aforesaid and furnishing its receipt in the Registry of this Court, the appeal will stand restored. M.C.C. No.1704/2010 is disposed of accordingly. (Sushil Harkauli) (K. K Trivedi) Acting Chief Justice Judge AK