(O&M) Dharam Chand vs Pirbhu
2024 Latest Caselaw 7186 P&H

Punjab-Haryana High Court

(O&M) Dharam Chand vs Pirbhu on 4 April, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                  2024:PHHC:045856

                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                         142                                           RSA-865-1991(O&M)
                                                                       Date of Decision : 04.04.2024

                         DHARAM CHAND (SINCE DECEASED) THR LRS                            .... Appellants

                                                            VERSUS

                         PIRBHU AND ANR                                                .... Respondents

                         CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                         Present :      None for the appellants.

                                        Mr. Ajay Jain, Advocate for the respondents.

                         ALKA SARIN, J. (ORAL)

1. The present appeal pertains to the year 1991. Vide order dated

14.03.2023 notices were issued to the appellants as the counsel earlier

representing them has since been elevated to the Bench. As per the Office

report dated 18.04.2023, appellant No.1(i) is stated to have died. Appellant

No.1(ii) was not found residing at the given address. Appellants No.1(iii)

1(iv) are stated to have married and residing with their in-laws. Subsequent

to that none has been appearing on behalf of the appellants despite numerous

adjournments. There is no other address available with the Court for

effecting service of the appellants except the one mentioned in the memo of

parties and it is the same on which the notices were sent.

2. Even today no one has appeared on behalf of the appellants. It

appears that the appellants are not interested in pursuing the present regular

second appeal.

3. In view thereof, this Court is left with no other option but to

dismiss the present regular second appeal for non-prosecution.

integrity of this judgment/order.

2024:PHHC:045856

142 RSA-865-1991(O&M) -2-

4. Dismissed for non-prosecution with liberty to revive in case

anything survives. Pending applications, if any, also stand disposed off.

                         04.04.2024                                          (ALKA SARIN)
                         Aman Jain                                              JUDGE

                                      NOTE:        Whether speaking/non-speaking: Speaking
                                                   Whether reportable: Yes/No







integrity of this judgment/order.