Diwan Shah vs Food Corporation Of Inia
2022 Latest Caselaw 7571 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil First Appeal No.304/1996

M/s Diwan Shah Traders, Karim Manzil, M.I. Road, Jaipur through
its Proprietor Shri Barkat Ali son of Shri Nanu Khan
                                                             ----Plaintiff-Appellant
                                      Versus
1. Food Corporation Of India through its Managing Direction,
Barah Khamba Lane, Cannaught Circus, New Delhi.
2. Food Corporation Of India through its Regional Manager, D-
39, Subhash Marg, Post Box No.138, C-Scheme, Jaipur (Raj.)
                                                   ----Defendant-Respondents

For Appellant(s) : Mr. P C Jain, through VC For Respondent(s) : Mr. S C Mittal

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

01/12/2022

1. This first appeal was filed by plaintiff-M/s Diwan Shah

Traders, feeling aggrieved by dismissal of its civil suit for recovery

of Rs.36,000/- vide impugned judgment dated 31.05.1996 passed

in Civil Suit No.289/95 by the Court of Additional District Judge

No.3, Jaipur.

2. It appears from record that in respect of some loading-

unloading of grain bags, plaintiff-M/s Diwan Shah Traders claiming

some amount due against the defendant Food Corporation of India

but could not prove its case before the trial court and

consequently, its suit for recovery was dismissed on merits vide

judgment dated 31.05.1996.

3. Learned counsel for appellant states that after filing the

appeal, for and on behalf of appellant-plaintiff-firm no one

(2 of 2) [CFA-304/1996]

contacted to him though he has written letters twice. Therefore,

counsel for appellant has pleaded no instructions.

4. Counsel appearing on behalf of respondents states that to his

best information appellant plaintiff-firm M/s Diwan Shah Traders

does not exist at all and the present first appeal has abated.

5. Taking into consideration the aforesaid facts, this first appeal

is dismissed. Record be sent back.

6. All pending application(s), if any, stand(s) disposed of.

(SUDESH BANSAL),J

SAURABH/82

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