On The Death Of Smti Kirtika Devi ... vs On The Death Of Jogendra Ch. Das His ...
2023 Latest Caselaw 2042 Gua

                                                                    Page No.# 1/2

GAHC010006042014




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

                                  Case No. : MC/422/2014

            ON THE DEATH OF SMTI KIRTIKA DEVI HER LEGAL HEIRS SRI TARINI
            KANTA MANDAL(SON)
            SON OF LATE KIRTIKA DEVI



            VERSUS

            ON THE DEATH OF JOGENDRA CH. DAS HIS LEGAL HEIRS SMTI KUSUM
            DAS(WIFE) AND ORS
            W/O JOGENDRA CH.DAS



Advocate for the Petitioner   :

Advocate for the Respondent : A.L.MANDAL




             Linked Case : RSA/89/2002

            JOGENDRA CHANDRA DAS



             VERSUS

            SMTI KIRTIKA DEVI
                                                                       Page No.# 2/2

           ------------
           Advocate for : MR S ROY
           Advocate for : appearing for SMTI KIRTIKA DEVI



                                        BEFORE
                THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                 ORDER

17. 05. 2023

The present Misc Case is filed under Order 41 Rule 21 of the Code of Civil Procedure, 1908 for restoration and re-hearing of RSA 89/2002 in which ex-parte judgment and order was passed on 05.08.2013. This court under its order dated 23.10.2019 issued notice to the Opposite Party Nos. 1,2,4,5 and 6 in RSA 89/2002. This court while issuing such notice refused to accept notice deemed served earlier and directed the applicant to take steps within three days from 23.10.2019 and the notice was made returnable on 09.12.2019. The office note reflects that no steps have been taken till date.

None appears for the applicant on call.

Accordingly, this court is left with no option but to dismiss this Misc Case for non-prosecution.

JUDGE

Comparing Assistant