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SMT. SHIV RANI versus SIYA RAM

High Court of Judicature at Allahabad

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Smt. Shiv Rani v. Siya Ram - SECOND APPEAL No. 2437 of 1976 [2007] RD-AH 12287 (18 July 2007)

 

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

Hon. S.P. Mehrotra, J.

Pursuant to the order dated 18.4.2007, the case is listed today with the Office Report dated 8.5.2007.

It appears that consequent to the elevation of Shri S.N.Srivastava, who had been appearing as the learned counsel for the plaintiffs- respondents nos. 1 and 2, to the Bench of this Court, notices were issued to the said respondents to engage another Counsel by Registered Post A.D. fixing 30.11.2004.

A perusal of the Office Report dated 20.2.2007/1.3.2007 shows that the Registered Envelopes, wherein the said notices were sent to the plaintiffs- respondents nos. 1 and 2, have been received back undelivered with the endorsements of the Post Man.

A perusal of the said Registered Envelopes shows that the said Registered Envelopes have been returned back undelivered with the endorsement of the Post Man dated 16.11.2004 that the addressees (i.e., the plaintiffs- respondents nos. 1 and 2) had expired.

In view of the above, the Court by its order dated 18.4.2007 directed the Office to submit Report as to whether any Substitution Application had been filed for bringing on record the respective heirs and legal representatives of the plaintiffs- respondents nos. 1 and 2.

A perusal of the Office Report dated 8.5.2007, submitted pursuant to the said order dated 18.4.2007, shows that no Application has so far been filed for bringing on record the respective heirs and legal representatives of the plaintiffs- respondents nos. 1 and 2.

In the circumstances, the Second Appeal as against the plaintiffs- respondents nos. 1 and 2 stands abated.

This fact will be brought to the notice of the Court at the time of hearing of the Second Appeal.

Dt. 18.7.2007

safi


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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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