WPMS/953/2021
2025 Latest Caselaw 2603 UK

Uttarakhand High Court

WPMS/953/2021 on 20 August, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

             Office Notes, reports, orders or
SL.          proceedings or directions and
      Date                                                                   COURT'S OR JUDGES'S ORDERS
No                Registrar's order with
                       Signatures




                                                WPMS No.953 of 2021
                                                Hon'ble Pankaj Purohit, J.

Mr. B.D. Upadhyaya, learned Senior Advocate assisted by Mr. Tushar Upadhyaya, learned counsel for the petitioner-plaintiff.

2. The petitioner-plaintiff has filed the present petition against the judgment and order dated 03.03.2021, passed by District Judge, Almora in Civil Revision No.4 of 2025, whereby the revisional court upheld the judgment and order dated 10.12.2019 passed by Civil Judge, (S.D.), Almora, whereby the trial court dismissed the application for condonation of delay of two years, two months and fifteen days in moving the application under Order 9 Rule 11 of CPC for dismissal of the suit of the petitioner-plaintiff in default.

3. From perusal of the report of the office, it transpires that respondent no.1 has not been served as yet, while respondent no.2/1 has already been expired.

4. Learned Senior Advocate appearing for the petitioner submits that there is no necessity to serve respondent no.1, as during the pendency of the civil revision petition, all respondents were sufficiently served. However, none of the respondents had put in appearance. Therefore, it is submitted that issuance of fresh notice or further service upon the respondents is not required.

5. So far as the LR of respondent no.2/1 is

concerned, it is submitted by learned Senior Advocate appearing for the petitioner that LR of 2/1 is already on record.

6. Learned Senior Advocate appearing for the petitioner may file an affidavit stating this fact on oath before this Court within ten days.

7. List on 09.09.2025.

(Pankaj Purohit, J.) 20.08.2025 AK