Jay Prakash vs Smt. Munita Rani And Another
2022 Latest Caselaw 10866 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- SECOND APPEAL No. - 1865 of 1981
 

 
Appellant :- Jay Prakash
 
Respondent :- Smt. Munita Rani And Another
 
Counsel for Appellant :- H.S.Nigam
 
Counsel for Respondent :- R.K.Jain
 

 
Hon'ble J.J. Munir,J.

Notice to engage another Counsel was issued to the sole appellant returnable on 02.07.2007, which has led the following office report:

"19/07/22 NEC issued to the sole appellant through Registered Post fixing 02/07/07, but no Undelivered Cover has been returned after service as yet.

Put up for orders.

Lower Court Record received in the office."

Since undelivered postal cover has not been received back, there is presumption of service in due course of post. Hence, service upon the appellant is held sufficient.

When the case is called on, no one appears for the appellant.

The appeal is dismissed for non-prosecution.

Lower court records shall not be sent back until expiry of the limitation for making a restoration application.

Let a copy of this order be communicated to the Court that now holds the determination of the ex-Court of the Munsif (City), Saharanpur, the Court that decided Original Suit No.21 of 1972, Smt. Munita Raji vs. Jay Prakash vide judgment and decree dated 27.01.1978 through the learned District Judge, Saharanpur by the office within a week.

A report about the communication, countersigned by the Registrar concerned shall also be placed on record.

Order Date :- 22.8.2022

Anoop