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TASIR HUSAIN versus GHOORE

High Court of Judicature at Allahabad

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Tasir Husain v. Ghoore - SECOND APPEAL DEFECTIVE No. 411 of 1984 [2006] RD-AH 7898 (18 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 48

Second Appeal No. (411) of 1984

Taseer Husain..........................Plaintiff-appellant.

Versus

Ghoore and others...............Defendants-Respondents.

*****

Hon'ble S.P.Mehrotra, J.

Pursuant to the order dated 09-01-2006, the case is listed today under Chapter XII, Rule 4 of the Rules of the Court.

By the said order dated 09-01-2006, Sri Sumod Kumar, learned counsel for the applicants in Civil Misc. (Substitution) Application No.40139 of 1997 was granted three weeks' time for taking steps for issuance of notice, pursuant to the order dated 1st July, 1997 passed by the Additional Registrar on the said Application.

As requisite steps for issuance of notice, pursuant to the said order dated 1st July, 1997 passed by the Additional Registrar read with the said order dated 09-01-2006 passed by the Court, have not been taken by the learned counsel for the applicants in the aforementioned Application, the case has been listed today under Chapter XII, Rule 4 of the Rules of the Court.

The case has been taken up in the revised list. However, learned counsel for the applicants is not present.

Requisite steps have not been taken even though the case is listed today under Chapter XII, Rule 4 of the Rules of the Court.

In the circumstances, the Court has no option but to dismiss the aforementioned Civil Misc. (Substitution) Application No. 40139 of 1997 for want of prosecution under Chapter XII, Rule 4 of the Rules of the Court.

The aforementioned Application is accordingly dismissed for want of prosecution under Chapter XII, Rule 4 of the Rules of the Court.

It is pertinent to note that the aforementioned Application has been filed consequent to the death of Taseer Husain (plaintiff-appellant) for bringing on record the heirs and legal representatives of the said Taseer Husain.

In view of the dismissal of the aforementioned Application for want of prosecution, Appeal at the instance of the said Taseer Husain (plaintiff-appellant) stands abated.

The said Taseer Husain was the sole plaintiff-appellant. Therefore, the Second Appeal stands dismissed as having abated.

Dt. 18-04-2006/AK  


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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