Ishwar Singh vs Dhir Singh
2022 Latest Caselaw 2761 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- SECOND APPEAL No. - 3136 of 1980
 

 
Appellant :- Ishwar Singh
 
Respondent :- Dhir Singh
 
Counsel for Appellant :- S.P. Agarwal
 

 
Hon'ble J.J. Munir,J.

Perused the report dated 04.05.2022 submitted by learned Civil Judge (Senior Division), Muzaffar Nagar in compliance with this Court's order dated 21.04.2022. By the said order notice was issued to the appellants to engage another counsel as the learned counsel appearing for them earlier is no more.

Learned Civil Judge (Senior Division), Muzaffar Nagar has reported that the appellant no.1, Ved Singh has been served through his grandson, Pawan Rathi regarding which return is enclosed with the report. The other appellants were dead.

When the case is called on, no one appears on behalf of appellant no.1 or the heirs and legal representatives of the other appellants who are dead.

In this view of the matter, this appeal is dismissed for non-prosecution.

Interim order, if any, stands vacated.

The lower court record shall be retained until expiry of the period of limitation for bringing a restoration application.

Let this order be communicated to the Court that now holds charge to the ex-Court of III-Additional Munsif, Muzaffar Nagar, the Court that decided Suit No.719 f 1972 vide judgment and decree dated 02.03.1978 through District Judge, Muzaffar Nagar by the Registrar (Compliance) within a week.

Order Date :- 13.5.2022

Shahroz