Anjan Kr Dey And Anr vs Jayanti Dey And Ors
2023 Latest Caselaw 824 Gua

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GAHC010216482004




                              THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : RSA/96/2004

            ANJAN KR DEY AND ANR




            VERSUS

            JAYANTI DEY AND ORS




Advocate for the Petitioner   : DR. B AHMED

Advocate for the Respondent :




                                         BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

28. 02. 2023

None appears for the appellants on call. Heard Mr. SK Ghosh, learned counsel for the respondents.

2. This second appeal is directed against the judgment and decree dated 22.05.2002 passed in TA No. 23/2002 by the learned Additional District Judge (Adhoc), Jorhat dismissing the appeal and affirming the judgment Page No.# 2/3

and decree dated 22.05.2002 passed in TS 23/1996 by the learned Civil Judge Jr. Division No. 2, Jorhat.

3. While this matter was pending for admission under Order 41 Rule 11, it was dismissed for non-prosecution by this court under its order dated 06.09.2014. However, on an application being filed, which was registered as MC 2687/2014, the second appeal was restored by this court under its order dated 25.09.2014.

4. Thereafter, when again none represented the appellant and as the learned counsel appearing for the appellant had withdrawn from the case a notice was issued to the appellant. Thereafter, the appellant remained absent on consecutive dates, when the matter was called for. Considering the fact this appeal has been pending since 2014 and a stay order is operating suspending the execution of judgment and decree obtained by the respondent plaintiff the second appeal was dismissed for default by this court again on 06.02.2015. However, yet another application for restoration being MC 274/2016 was filed and this court under its order dated 24.11.2017 restored the same.

5. While restoring the said second appeal, an observation was made in the order dated 24.11.2017 passed in MC 274/2016 that the order dated 06.02.2015 is recalled thereby readmitting the RSA No. 96/2014. Consequently, on 24.11.2017 an order was also passed in RSA No. 96/2014 to the effect that in view of order passed in MC 274/2016, the second appeal is readmitted for hearing. However, the record reveals that the appeal has not been admitted till date framing any substantial question of law though matter was listed many times under Order 41 Rule

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6. Be that as it may, as none appears for the appellant, this second appeal stands dismissed for default.

7. LCR be sent forthwith.

8. Interim order passed earlier stands vacated.

JUDGE

Comparing Assistant