Dayaram vs Rajesh Kumar Son Of Shiv Kumar
2022 Latest Caselaw 8076 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 
Case :- SECOND APPEAL DEFECTIVE No. - 280 of 2021
 
Appellant :- Dayaram
 
Respondent :- Rajesh Kumar Son Of Shiv Kumar
 
Counsel for Appellant :- Ram Raj Prajapati
 

 
Hon'ble J.J. Munir,J.

On 02.08.2021, the following order was passed:

"On the request made on behalf of Mr. Ram Raj Prajapati, learned counsel for the appellant, put up this matter again on 25.8.2021 as fresh."

On 16.05.2022, the following order was made:

"On the request of the learned Counsel for the appellant, this appeal is adjourned to 27.05.2022, by which time, the deficient court-fee shall be made good and the other defects, particularly, those relating to wanting certified copies shall be caused to be removed.

Lay this appeal as fresh again on 27.05.2022."

On 26.05.2022, the Office has reported as follows:

"Reference to Hon'ble Court's order dated 16.05.2022 the learned counsel has not removed the defects as yet.

Put up before Hon'ble Court."

On 27.05.2022, this Court made the following order:

"Learned Counsel for the appellant is granted time until 12.07.2022 to comply with the order dated 06.05.2022.

Lay as fresh again on 12.07.2022, along with a report regarding sufficiency of Court fee."

The next office report dated 11.07.2022 reads:

"Reference to Hon'ble Court's order dated 27.05.2022 the learned counsel has not removed the defects as yet regarding court fees and certified copies of decree in Civil Appeal and jugment in O.S.

Put up as fresh before Hon'ble Court."

Matter came up again before the Court on 15.07.2022, when the following order was recorded:

"Learned counsel for the appellant is granted ten days' and no more time to comply with the order dated 16.05.2022 and remove the defects pointed out by the Stamp Reporter.

Lay this appeal as fresh on 26.07.2022 along with a fresh report by the Stamp Reporter."

Office has submitted a report dated 25.07.2022 with reference to the Court's order dated 15.07.2022 that reads:

"Reference to Hon'ble Court's order dated 15.07.2022 the learned Counsel has not removed the defects as yet regarding court fees and certified copy of decree in Civil Appeal and judgment in O.S.

Put up as fresh before Hon'ble Court."

Today when the case is called on, no one appears on behalf of the appellant.

The appeal is dismissed for non prosecution.

Let this order be communicated to the Civil Judge (Junior Division), Hamirpur, the Court that decided O.S. No. 87 of 1986 vide judgment and decree dated 19.11.2004 through the learned District Judge, Hamirpur by the Registrar (Compliance).

Order Date :- 26.7.2022

Deepak