Where on the day fixed, or on any other day to which the hearing may be adjourned, it is found that the notice to the respondent has not been served in consequence of the failure of the appellant to deposit, within the period fixed, the sum required to defray the costs of serving the notice [or, if the notice is returned unserved, and it is found that the notice to the respondent has not been issued in consequence of the failure of the appellant to deposit, within any subsequent period fixed, the sum required to defray the cost of any further attempt to serve the notice,] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] the Court may make an order that the appeal be dismissed: Provided that no such order shall be made although the notice has not been served upon the respondent, if on any such day the respondent appears when the appeal is called on for hearing.

High Court Amendments-[Allahabad].-In paragraph (1) for the words "where on the day fixed or on any other day to which the hearing may be adjourned", substitute the words "when the appeal is called on for hearing".-(22-12-1951). [N.B.-These High Court Amendments relate to the provisions as existed before the 1999 Amendment Act.] Order 41, Rule 18-A [Bombay].-After the existing rule 18, insert the following rule with marginal note as new rule 18-A and its marginal note: "18-A. Dismissal for want of prosecution.-Where after the admission of an appeal the rules or the special directions of the Court require the appellant to take any steps in the prosecution of the appeal before a fixed date, and where after due notice intimating the steps to be taken the appellant fails to take such steps within the time prescribed by the rules or allowed by the Court, the Court may direct the appeal to be dismissed for want of prosecution or may pass such other order as it thinks fit."-(1-10-1983).

Where on the day fixed, or on any other day to which the hearing may be adjourned, it is found that the notice to the respondent has not been served in consequence of the failure of the appellant to deposit, within the period fixed, the sum required to defray the costs of serving the notice [or, if the notice is returned unserved, and it is found that the notice to the respondent has not been issued in consequence of the failure of the appellant to deposit, within any subsequent period fixed, the sum required to defray the cost of any further attempt to serve the notice,] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] the Court may make an order that the appeal be dismissed: Provided that no such order shall be made although the notice has not been served upon the respondent, if on any such day the respondent appears when the appeal is called on for hearing.

High Court Amendments-[Allahabad].-In paragraph (1) for the words "where on the day fixed or on any other day to which the hearing may be adjourned", substitute the words "when the appeal is called on for hearing".-(22-12-1951). [N.B.-These High Court Amendments relate to the provisions as existed before the 1999 Amendment Act.] Order 41, Rule 18-A [Bombay].-After the existing rule 18, insert the following rule with marginal note as new rule 18-A and its marginal note: "18-A. Dismissal for want of prosecution.-Where after the admission of an appeal the rules or the special directions of the Court require the appellant to take any steps in the prosecution of the appeal before a fixed date, and where after due notice intimating the steps to be taken the appellant fails to take such steps within the time prescribed by the rules or allowed by the Court, the Court may direct the appeal to be dismissed for want of prosecution or may pass such other order as it thinks fit."-(1-10-1983).