Charan Singh And Others vs Santo @ Satto
2024 Latest Caselaw 20772 P&H

Punjab-Haryana High Court

Charan Singh And Others vs Santo @ Satto on 21 November, 2024

SANDEEP SETHI
2024.11.21 21:01

PHC WS - PR EL POX = OR a
2USS PHC TSA

RSA-100-2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
(112)
RSA-100-2019 (O&M)
Date of Decision:-21.11.2024
Charan Singh and others
beeees Appellants
Versus
Santo alias Satto
beens Respondent
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
oh 2 2h 3
Present: None.
2 2K 3 Oe
ALOK JAIN, J. (Oral)

1. The present appeal arises out of the judgment and decree dated

27.07.2018 passed by the Court below, whereby, the suit of the plaintiff- appellant was dismissed under Order 17, Rule 3 CPC on the ground that the plaintiff appellant failed to produce even an iota of evidence and after tendering his affidavit in the examination-in-chief, he failed to appear thereafter for facing the cross-examination.

2. The first appeal filed against the above said judgment and decree also came to be dismissed not only on account of delay which was unexplained but also on the ground that despite giving ample opportunities to the plaintiffs, they miserably failed to pursue their case with due diligence which led to dismissal of the appeal on 27.07.2018 and

subsequently the present appeal was filed.

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RSA-100-2019 (O&M)

3. Since the filing of the present appeal, the filing counsel for the appellant has not even appeared once on his own and either he has been absent or a request has been made by the proxy counsel for an adjournment. On the last date also, there was no representation and it was clearly mentioned that no further adjournment shall be granted for any reason whatsoever. However, today also, there is no representation on behalf of the appellant.

4. In light of the above, this Court does not find any ground to adjourn the matter, more so, this Court has gone through the judgment and decree dated 27.07.2018 passed by the Court below and in the absence of any effort made by the appellant-plaintiff to bring in any evidence at any

stage of the proceedings, hence, no further opportunity can be granted.

5. Accordingly, the present appeal is dismissed.

6. Pending miscellaneous application(s) shall also stand disposed of.

(ALOK JAIN) JUDGE November 21, 2024.

S. Sethi

Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No

SANDEEP SETHI

2024.11.21 21:01

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