Maha Singh vs Surta Etc
2024 Latest Caselaw 1208 P&H

Punjab-Haryana High Court

Maha Singh vs Surta Etc on 19 January, 2024

                      RSA-277-1995 (O&M) and
                      XOBJS-17-C-1996                       -1-           2024:PHHC:007439

                        IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                      201
                                                                     RSA-277-1995 and
                                                                     XOBJS-17-C-1996

                                                                     Date of Decision: 19.01.2024

                      Maha Singh
                                                                          .... Appellant

                                                Versus
                      Surta and others
                                                                          .... Respondents

                      CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

                      Present: -   None.

                      NIDHI GUPTA, J. (ORAL)

This is the defendant No. 3/appellant's second appeal

against the judgment and decree dated 17.11.1994 passed by the Ist

Appellate Court, vide which the appeal filed by the plaintiff/respondents

No. 1 and 2 herein, was allowed, reversing the judgment and decree

dated 12.08.1993 rendered by the learned trial Court, dismissing their

'suit for declaration'.

Perusal of the file shows that on 18.10.2023, when this case

was listed for hearing, there was no representation on behalf of the

appellant, despite the fact that learned counsel for the appellant had been

duly informed about the date fixed, and the case was adjourned to

04.12.2023. On 04.12.2023, again the appellant had gone un-represented.

Learned counsel appearing for cross-objectors/respondents No. 1 and 2

also pleaded no instructions in the matter and the Registry was directed

to issue actual date of hearing notices to the appellant as well as

respondents No. 1 and 2 for i.e. 20.12.2023.

                       RSA-277-1995 (O&M) and
                      XOBJS-17-C-1996                        -2-          2024:PHHC:007439

On 20.12.2023, when this case was listed for hearing,

following order has been passed by this Court:

"Perusal of the file shows that vide order dated 04.12.2023, actual date of hearing notices were ordered to the issued to the appellant and respondents No. 1 and 2.

Pursuant thereto, perusal of office report dated 19.12.2023 reveals that (i) notice issued to the sole appellant has been received back duly served; (ii) notice issued to respondent No. 1 has been received back served through his grandson which is a valid service; and (iii) notice issued to respondent No. 2 has been received back with the report 'died'.

However, there is no representation on behalf of either of the parties.

In the interest of justice, adjourned to 19.01.2024."

Today also, despite the case having been called twice, none

has put in appearance on behalf of either of the parties.

In the aforesaid premise, issuance of fresh notice to either of

the parties would be a futile exercise. It appears that due to sheer long

pendency of the present second appeal/cross-objections before this Court

for a period of more than 27 years, both the parties have lost interest in

pursuing the same, as no attempt has been made by them to contact their

previous counsel or to engage a new counsel.

Be that as it may, in view of the foregoing circumstances,

the instant regular second appeal as well as XOBJS-17-C-1996 are

hereby dismissed for non-prosecution.

Pending application(s), if any, also stand disposed of.

                      19.01.2024                                       ( NIDHI GUPTA )
                      rishu                                                 JUDGE

                                   Whether speaking/reasoned              Yes/No

                                   Whether Reportable                     Yes/No