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Hoshiyara v. Ghaseeta & Others - SECOND APPEAL No. 1111 of 1977 [2007] RD-AH 9886 (23 May 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).


Court No. 30

Second Appeal No. 1111 of 1977

Hoshiyara                      ...................... ...Plaintiff-Appellant.


Ghasita  and others.      ..........................Defendants-Respondents.


Hon'ble S.P.Mehrotra, J.

Pursuant to the order dated 16th May, 2007, the case is  listed today.

The case called out.

Sri Vibhav Dutta Ojha holding brief for Sri V.D. Ojha, learned counsel for the defendants-respondents is present.

It appears that consequent to the elevation of Sri S. K. Singh, who was appearing as the learned counsel for the plaintiff-appellant (Hoshiyara), to the Bench of this Court, notice was issued by Registered Post A.D. to the plaintiff-appellant (Hoshiyara) to engage another counsel.

The Office Report dated 8th February, 2007 shows that the said notice issued to the plaintiff-appellant (Hoshiyara) has been returned back undelivered with the endorsement dated 28th January, 2005, made by the Postman on the Registered Envelope, that the addressee (Hoshiyara) had expired.

In view of the said Office Report dated 8th February, 2007, the Court by its order dated 16th May, 2007 directed the Office to submit Report as to whether any Substitution Application had been filed on behalf of the heirs and legal representatives of Hoshiyara (plaintiff-appellant) for being substituted in place of the said Hoshiyara (plaintiff-appellant).

Pursuant to the said order dated 16th May, 2007, the Office has submitted its Report dated 22nd May, 2007.

A perusal of the said Office Report dated 22nd May, 2007 shows that no Substitution Application has been filed on behalf of the heirs and legal representatives of Hoshiyara (plaintiff-appellant) who is reported to have expired as per the said endorsement made by the Postman on the Registered Envelope.

In the circumstances, the Second Appeal at the instance of the said Hoshiyara (plaintiff-appellant) stands abated.

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



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