FA/36/2020
2021 Latest Caselaw 4764 UK

       IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL


       THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH
                            CHAUHAN

                                   AND

               THE HON'BLE SRI JUSTICE N.S. DHANIK

                    FIRST APPEAL NO. 36 OF 2020

                      25TH NOVEMBER, 2021
   Between:

   Meghmala                                             ...Appellant.
   and
   Jitendra Mohan                                    ...Respondent

   Counsel for the appellant             :None is present.
   Counsel for the respondent:           Mr. Shikhar Kacker,
                                         learned counsel.


   The Court made the following:


JUDGMENT : (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)



                In the order dated 29.10.2021, this Court

  had clearly observed that "despite the service of notice

  informing her that her counsel Mr. Sudhir Kumar had

  pleaded no instructions, and in spite of this Court

  giving her four weeks' time to engage the services of a

  counsel of her choice, neither the appellant, nor a

  counsel of her choice, appears before this Court

  today."


  2.            In the interest of justice, this Court had

  also informed the appellant that in case either the
                                     1
 appellant, or her counsel does not appear before this

Court on the next date, this Court shall have no other

option but to dismiss the case for non-prosecution.


3.           According to the report of the Registry

dated 30.10.2021, the said information, i.e. a copy of

the order dated 29.10.2021 was duly sent to the

appellant.   Despite the information being sent, today

neither the appellant, nor a counsel of her choice is

present before this Court.


4.           Therefore, this first appeal is dismissed for

non-prosecution.


5.           In sequel thereto, pending application, if

any, also stands disposed of accordingly.


6.           No order as to costs.


                _____________________________
                RAGHVENDRA SINGH CHAUHAN, C.J.


                                 ___________________
                                        N.S. Dhanik, J.

Dt: 25th November, 2021 Rathour