Allahabad High Court
Haribans And Others vs State Of U.P. And Another on 8 July, 2019
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 30
Case :- FIRST APPEAL DEFECTIVE No. - 824 of 1995
Appellant :- Haribans And Others
Respondent :- State Of U.P. And Another
Counsel for Appellant :- Kamlesh Kumar Mishra
Counsel for Respondent :- Shivam Yadav,S.C.
Hon'ble Vivek Kumar Birla,J.
Sri Anil Kumar Yadav holding brief of Sri Shivam Kumar Yadav learned counsel for the respondent is present.
This first appeal defective is listed peremptorily. The appeal is of the year 1995. The other connected appeal of the year 1995 was decided as back as on 14.1.2003, which was also dismissed for want of prosecution. The Stamp Reporter report's dated 28.2.2019 reflects that the deficiency of court fee of Rs. 1,62,780/- has not been made good even till date. There is no application for extension of time removing the defect by depositing the court fees.
On 7.2.2019 the case was passed over on the illness slip of Sri Kamlesh Kumar Mishra, learned counsel for the appellant and was directed to be listed peremptorily in the next cause list with the connected appeal. The said order dated 7.2.2019 is quoted as under:-
"Passed over on the illness slip of Sri Kamlesh Kumar Mishra, learned counsels for the appellants.
List peremptorily in the next cause list along with connected defective first appeal."
On 14.2.2019 one Sri Saurabh Yadav, Advocate appeared and stated that he has received instructions to appear in the present appeal and in the connected matter. The aforesaid order dated 14.2.2019 is also quoted as under:-
"Sri Saurabh Yadav, Advocate states that he has received instructions today to appear in the present and the connected appeal. He further states that the appellant Nos. 1 and 2 namely, Sri Haribansh and Net Ram have died and, therefore, the substitution application is also to be filed.
In view of the aforesaid, list in the next cause list along with connected appeal showing the name of Sri Shivam Yadav as counsel for the respondent no.2 and the learned standing counsel for the State-respondent in the leading and connected first appeal.
The Stamp Reporter shall also submit fresh report with regard to deficiency of Court fees."
His Vakalatnama is not on record. On the subsequent dates on 1.3.2019, 23.5.2019 and 30.5.2019 again the Sri Kamlesh Kumar Misra, learned counsel for the appellant has sent his illness slip and the case was passed over. Vide order dated 30.5.2019 the case was directed to be listed peremptorily.
Today again Sri Sharda Prasad Panday holding brief of Sri Kamlesh Kumar Mishra, learned counsel for the appellant is praying for adjournment on the ground of illness of Sri Kamlesh Kumar Mishra, learned counsel for the appellant.
Apparently for the reason that Sri Saurabh Yadav has not filed his Vakalatnama in the present case his name is not shown in the cause list and again the counsel originally appearing in the appeal Sri Kamlesh Kumar Mishra is pursuing the case and constantly sending his illness slip.
In view of the fact that the case is listed peremptorily and a huge deficiency in court fees, which has not been paid since 1995, I do not find any good ground to accept the prayer for adjournment.
Accordingly, the appeal stands dismissed for want of prosecution.
Order Date :- 8.7.2019
Lalit Shukla
