Rampyari vs Baljeet Singh And Ors. ...
2023 Latest Caselaw 8692 Raj

[2023:RJ-JD:35818]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 113/2017

Rampyari W/o Fakirchand, By Caste Choudhary, Resident Of Paplah, Tehsil- Fatehpur, District- Kangda, Himachal Pradesh Through Power Of Attorney Holder Ashok Kumar S/o Saaliram, By Caste - Choudhary, Resident Of Paplah, Tehsil- Fatehpur, District- Kangdra, H.p.

----Appellant Versus

1. Baljeet Singh S/o Darshan Singh, By Caste Jat-Sikh, Resident Of Chak 2 L.s.m. Tehsil, Anoopgarh, District - Sri Ganganagar.

2. Bagh Singh S/o Darshan Singh, By Caste - Jat- Sikh, Resident Of Chak 2 L.s.m. Tehsil- Anoopgarh, District - Sri Ganganagar.

3. Smt. Gurvinder Kaur W/o Sukhdev Singh, By Caste Jat-

Sikh, Resident Of Banda Colony, Tehsil- Anoopgarh, District - Sri Ganganagar.

4. Gurjant Singh S/o Shri Mukund Singh, By Caste Jat-Sikh, Resident Of Banda Colony, Tehsil- Anoopgarh, District- Sri Ganganagar.

----Respondents

For Appellant(s) : None present

HON'BLE MS. JUSTICE REKHA BORANA

Order

18/10/2023

1. The present second appeal pertains to the year 2017 and the

following defects were pointed out by the office at that point of

time:

i. It is time bared by 19 days. Counsel has filed an Application u/s 5 of Limitation Act at F/G 'A'. ii. Judgment dt. 09.09.2009 not filed. iii.Limit. Application not shown in Index. iv.Limit. Appl. And stay with affidavits are not attested.

[2023:RJ-JD:35818] (2 of 2) [CSA-113/2017]

v. Deponent are not shown.

vi.Power of attorney not filed.

2. Despite time being granted by Registrar (Admn.) on

18.05.2017 and further by the Court on 04.09.2017 and

05.08.2022, the defects were not removed. On 24.08.2023, last

opportunity of three weeks was granted to remove the defects and

on that date, it was observed that if the defects are not removed

within the stipulated period, the appeal would be listed before the

Court for dismissal.

3. Today, none has appeared for the appellant.

4. As per the office report, the defects have not been removed

till date.

5. In view of the same, the present second appeal is

dismissed for non-compliance and non prosecution.

6. Stay petition and all pending applications, if any, stand

disposed of.

(REKHA BORANA),J 44-T.Singh/-

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