Life Insurance Corporation Of ... vs Smt. Priyanka Saxena And Another
2017 Latest Caselaw 7158 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 
Case :- FIRST APPEAL DEFECTIVE No. - 103 of 2017
 
Appellant :- Life Insurance Corporation Of India And Another
 
Respondent :- Smt. Priyanka Saxena And Another
 
Counsel for Appellant :- Prakash Padia
 

 
Hon'ble Arun Tandon,J.

Hon'ble Rajiv Joshi,J.

Affidavit of service filed today is taken on record.

Records reflect that the service of the notice in the present proceedings could not be affected upon respondent nos. 1 and 2 for various reasons. This Court, therefore, permitted appellant to serve the respondents through their counsels appearing in the court below, where the main matter is still pending.

Affidavit of service records that the counsels in the court below have refused to accept the notice.

In view of what has been stated above, we direct the office of this Court to forward a copy of the order passed today by us to the Family Court, Bareilly. The Family Court is directed to provide a copy of this order to respondent nos. 1 and 2, namely, Smt. Priyanka Saxena and Smt. Sarojni Saxena, when they appear next or upon their counsels, when the matter is listed next before the court concerned and to obtain a receipt in that regard. The aforesaid respondents are being informed that the appeal shall be listed next on 12th December, 2017. They may appear or engage a counsel by that date, failing which we shall proceed to decide the appeal on merits even in absence of respondent nos. 1 and 2.

List this matter on 12th December, 2017.

Learned counsel for the appellants may provide a certified copy of this order to the Family Court to the court concerned.

Certified copy of this order be provided to the learned counsel for the appellant today on payment of usual charges.

(Rajiv Joshi, J.)                           (Arun Tandon, J.)

Order Date :- 20.11.2017

Sushil/-