Whether The Judgments And Decrees ... vs Union Of India
2021 Latest Caselaw 3121 HP

RSA No. 406 of 2019

14.07.2021 Present: Mr. C.N. Singh, Advocate, for the appellant.

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Ms Anjali Soni Verma, Advocate, for respondent No. 1.

None for respondent No. 2.

(THROUGH VIDEO CONFERENCING)

Admitted on following substantial questions of law:

1. Whether the judgments and decrees passed by the

Courts below are vitiated on account of misreading,

misinterpretation and misconstruction of pleadings of

parties as well as evidence on record, oral and

documentary, resulting into perversity?

2. Whether the impugned judgments and decrees are

perverse for ignoring the law laid down in S.R. Tewari vs.

Union of India, (2013) 6 SCC 602?

Respondents did not contest the suit and no written

statement was filed on their behalf. Rather they have never

opted to be represented in the suit as well as in the first

appeal. Now respondent No. 1 has come forward to contest

the appeal. It has every right to contest the same at this stage.

Respondent No. 2 has been duly served by way of

publication in this appeal before admission.

By way of an amendment applicable to Delhi, Himachal

Pradesh, Punjab and Haryana High Courts, there is addition to

sub rule (3) of Rule 14 of Order 41 Code of Civil Procedure

(CPC), which reads as under:-

"Delhi, Himachal Pradesh and Punjab, Haryana and Chandigarh. --(i) Add the following as sub-rule (3):

"(3) it shall be in the discretion of the appellate court to make an order, at any stage of the appeal whether on the application

of any party or on its own motion, dispensing with service of such notice on any respondent who did not appear, either at

.

the hearing in the court whose decree is complained of, or at

any proceedings subsequent to the decree of that court, or on the legal representatives of any such respondent:

Provided that--

(a) That court may require notice of the appeal to be published in any newspaper or in such other manner as it may direct:

(b) No such order shall preclude any such respondent or legal representative from appearing to contest the appeal.""

In view of the above, post admission service of respondent

No.2 is dispensed with.

Records stand received. List for hearing in due course

before appropriate Bench.

    July 14, 2021                               (Vivek Singh Thakur),




    (PK)                                              Judge.