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SITA RAM versus NATHOO

High Court of Judicature at Allahabad

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Sita Ram v. Nathoo - SECOND APPEAL No. 604 of 1984 [2006] RD-AH 13555 (17 August 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

Hon. S.P. Mehrotra, J.

Pursuant to the order dated 4.8.2006, the case is listed today.

1. Civil Misc. (Delay Condonation) Application No. 4797 of 1992 (dated 3.11.1992)

2. Civil Misc. (Substitution) Application No. 4798 of 1992 (dated 3.11.1992)

The aforementioned Applications have been filed consequent to the death of Siya Ram (plaintiff-appellant no.3).

On account of failure on the part of the learned counsel for the plaintiffs-appellants in taking requisite steps for issuance of notices on the aforementioned Applications, the case is listed today under Chapter XII, Rule 4 of the Rules of the Court.

Case has been taken-up in the revised list. Learned counsel for the plaintiffs-appellants are not present.

Even though the case is listed today under Chapter XII, Rule 4 of the Rules of the Court, requisite steps have not been taken by the learned counsel for the plaintiffs-appellants.

In the circumstances, the Court has no option but to dismiss the aforementioned Applications for want of prosecution under Chapter XII, Rule 4 of the Rules of the Court.

Accordingly, the aforementioned Applications are dismissed for want of prosecution under Chapter XII, Rule 4 of the Rules of the Court.

As noted above, the aforementioned Applications have been filed consequent to the death of Siya Ram (plaintiff-appellant no.3).

In view of the dismissal of the aforementioned Applications, the Second Appeal at the instance of the said Siya Ram (plaintiff-appellant no.3) stands abated.

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

1. Civil Misc. (Delay Condonation) Application No. 33442 of 1998 (dated 15.5.1998)

2. Civil Misc. (Substitution) Application No. 33443 of 1998 (dated 15.5.1998)

The aforementioned Applications have been filed consequent to the death of Prem Das, one of the proposed heirs and legal representatives of Siya Ram (plaintiff-appellant no.3).

On account of failure on the part of the learned counsel for the plaintiffs-appellants in taking requisite steps for issuance of notices on the aforementioned Applications, the case is listed today under Chapter XII, Rule 4 of the Rules of the Court.

Case has been taken-up in the revised list. Learned counsel for the plaintiffs-appellants are not present.

Even though the case is listed today under Chapter XII, Rule 4 of the Rules of the Court, requisite steps have not been taken by the learned counsel for the plaintiffs-appellants.

In the circumstances, the Court has no option but to dismiss the aforementioned Applications for want of prosecution under Chapter XII, Rule 4 of the Rules of the Court.

Accordingly, the aforementioned Applications are dismissed for want of prosecution under Chapter XII, Rule 4 of the Rules of the Court.

As noted above, the aforementioned Applications have been filed consequent to the death of Prem Das, one of the proposed heirs and legal representatives of Siya Ram (plaintiff-appellant no.3).

In view of the dismissal of the aforementioned Applications, the Second Appeal at the instance of the said Prem Das, one of the proposed heirs and legal representatives of Siya Ram (plaintiff-appellant no.3) stands abated.

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

1. Civil Misc. (Delay Condonation) Application No. 85877 of 2004 (dated 10.5.2004)

2. Civil Misc. (Substitution) Application No. 85879 of 2004 (dated 10.5.2004)

The aforementioned Applications have been filed consequent to the deaths of Data Ram (plaintiff-appellant no.2), Ved Prakash, one of the proposed heirs and legal representatives of Sita Ram (plaintiff-appellant no.1), and Jai Prakash, proposed heir and legal representative of Natthu (defendant-respondent no.1).

On account of failure on the part of the learned counsel for the plaintiffs-appellants in taking requisite steps for issuance of notices on the aforementioned Applications, the case is listed today under Chapter XII, Rule 4 of the Rules of the Court.

Case has been taken-up in the revised list. Learned counsel for the plaintiffs-appellants are not present.

Even though the case is listed today under Chapter XII, Rule 4 of the Rules of the Court, requisite steps have not been taken by the learned counsel for the plaintiffs-appellants.

In the circumstances, the Court has no option but to dismiss the aforementioned Applications for want of prosecution under Chapter XII, Rule 4 of the Rules of the Court.

Accordingly, the aforementioned Applications are dismissed for want of prosecution under Chapter XII, Rule 4 of the Rules of the Court.

In view of the dismissal of the aforementioned Applications, the Second Appeal at the instance of the said Data Ram (plaintiff-appellant no.2) stands abated. Further, the Second Appeal at the instance of  Ved Prakash, one of the proposed heirs and legal representatives of Sita Ram (plaintiff-appellant no.1) stands abated. Again, the Second Appeal as against Jai Prakash, proposed heir and legal representative of Natthu (defendant-respondent no.1) stands abated.

The aforesaid facts will be brought to the notice of the Court at the time of hearing of the Second Appeal.

Dt. 17.8.2006

Safi (S.A. 604/1984)


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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