Moolchand Jain vs Suresh Chand Jain & Anr.
2023 Latest Caselaw 14112 MP

                                                          1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                              ON THE 28 th OF AUGUST, 2023
                                              FIRST APPEAL No. 740 of 2000

                           BETWEEN:-
                           1.  NARENDRA KUMAR JAIN S/O- LATE               SHRI
                           MOOLCHAND JAIN, AGED ABOUT 47 YEARS

                           2. MAHENDRA KUMAR JAIN S/O- LATE SHRI
                           MOOLCHAND JAIN, AGED ABOUT 45 YEARS

                           3. VINAY KUMAR JAIN S/O- LATE SHRI MOOLCHAND
                           JAIN, AGED ABOUT 42 YEARS

                           4. ANIL KUMAR JAIN S/O- LATE SHRI MOOLCHAND
                           JAIN, AGED ABOUT 41 YEARS

                           ALL R/O- PAWAI, TAHSIL-PANNA DISTRICT- PANNA (
                           MADHYA PRADESH)

                                                                                   .....APPELLANTS
                           (BY SHRI V.S. CHOUDHARY - ADVOCATE)

                           AND
                           1. SURESH CHAND JAIN S/O- PHOOL CHAND JAIN,
                           CLOTH MERCHANT, CHOWK BAZAR, SATNA (MADHYA
                           PRADESH)-PLAINTIFF
                           2. NATHULAL JAIN S/O- LATE SHRI MOOLCHAND JAIN,
                           AGED ABOUT 37 YEARS, GROCER AND HARDWARE
                           MERCHANT R/O- NAOGAON, DIST- CHHATARPUR
                           (MADHYA PRADESH)-DEFENDANT NO.2.

                                                                                  .....RESPONDENTS
                           (BY MS. UDITYA MAINDIRETTA - PROXY ADVOCATE ON BEHALF OF
                           SHRI RAJESH MAINDIRETTA- ADVOCATE FOR RESPONDENT NO.1)
                           ( NONE FOR RESPONDENT NO. 2)

                                 Th is appeal coming on for hearing this day, t h e court passed the
                           following:
                                                           ORDER

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 29-08-2023 11:44:05

At the very outset, learned counsel for the appellant submits that he has no instructions fror the party and therefore, SPC may be issued.

On inquiry, it is submitted by the appellant counsel that he had send letters to the local counsel but, it was informed that he had passed away. It is further submitted that they have send letters to the party also.

This appeal was admitted on 17-11-2000. There was no stay in favour of the appellants.

The learned 3rd Additional District Judge, Satna in Civil Suit No.32-B/93 has decreed the suit of the plaintiff for Rs. 38,800/- along with interest vide judgment and decree dated 15-09-2000.

Since, appellants have exhausted all possible remedies to contact and trace his party, therefore, there is no point for issuing SPC. Hence, the prayer is denied.

The appeal is dismissed for want of prosecution. The record of the court below be sent back along with copy of this order.

(AVANINDRA KUMAR SINGH) JUDGE PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 29-08-2023 11:44:05