ORDER XV

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. PART II APPELLATE JURISDICTION ORDER XV WITHDRAWAL OF APPEAL, NON‑PROSECUTION OF APPEAL, CHANCE OF PARTIES 1. Where an appellant, who has not lodged his concise statement as provided in Order XVIII, desires to withdraw his appeal, he shall make an application to that effect to the Court. The costs of the appeal and the security entered into by the appellant if any, shall then be dealt with in such manner as the Court may think fit to direct. 2. Where an appellant who has lodged his concise statement as provided in Order XVIII desires to withdraw his appeal, he shall present a petition to that effect to the Court. On the hearing of any such petition a respondent may apply to the Court for his costs. 3. If an appellant fails to take any step in the appeal within the time fixed for the same by these rules, or, if no time is specified, it appears to the Registrar that the appellant is not prosecuting his appeal with due diligence, the Registrar shall call upon him to explain his default and, if no explanation is offered, or, the explanation offered appears to the Registrar to be insufficient, he may issue a summons calling upon the appellant to show cause to the Court why the appeal should not be dismissed for want of prosecution. 4 The Registrar shall send a copy of the summons mentioned in the last preceding rule to every respondent who has entered an appearance and every such respondent shall be entitled to be heard before the Court and to ask for his costs and other relief. 5 The Court may, after hearing the parties, dismiss the appeal for non‑prosecution or give such other directions thereon as the justice of the case may require. 6. An appellant whose appeal has been dismissed for non‑prosecution may, within thirty days of the order, present a petition praying that the appeal may be restored, and the Court may, after giving notice of such application to the respondent who had entered appearance in the appeal, restore the appeal if sufficient cause is shown, on such terms as to costs or otherwise as it thinks fit or pass such other orders as the circumstances of the case and the ends of justice may require. 7. Where at any time after the grant of special leave to appeal the record is found to be or become defective by reason of the death or change of status of a person who was a party to the decree or other decision by the lower Court, it shall be the duty of the appellant to make an application in that behalf, and the Court may, on such application, or on application by any person interested grant a certificate showing who, in the opinion of the Court, is the proper person to be substituted or entered on the record, in place of; or in addition to, the party on the record, and the name of such person shall thereupon be deemed to be so substituted' or entered on the record as aforesaid. 8 An application to bring on record the legal representative of any appellant or respondent who has died or suffered a change of Status shall be made within ninety days of such occurrence: Provided that the Court may for sufficient cause extend the time.