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VED PRAKASH versus SATISH KUMAR & OTHERS

High Court of Judicature at Allahabad

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Ved Prakash v. Satish Kumar & Others - SECOND APPEAL No. 387 of 1981 [2006] RD-AH 14733 (29 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.

On account of failure on the part of the learned counsel for the plaintiff-appellant in taking requisite steps for issuance of notices on Civil Misc. (Substitution) Application No. 2928 of 1983 (dated 8.8.1983) pursuant to the order dated 8.8.1983 passed by the Joint Registrar on the said Application, the case is listed today under Chapter XII, Rule 4 of the Rules of the Court with the Office Report dated 21.8.2006.

Case has been taken-up in the revised list. Learned counsel for the plaintiff-appellant is 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.

In the circumstances, there is no option but to dismiss the aforementioned Civil Misc. (Substitution) Application No. 2928 of 1983 (dated 8.8.1983) for want of prosecution under Chapter XII, Rule 4 of the Rules of the Court.

Accordingly, the aforementioned Civil Misc. (Substitution) Application No. 2928 of 1983 (dated 8.8.1983) is dismissed for want of prosecution under Chapter XII, Rule 4 of the Rules of the Court.

The aforementioned Substitution Application was filed consequent to the death of Chamru (defendant-respondent no.2).

In view of the dismissal of the aforementioned Application, the Second Appeal as against the defendant-respondent no.2 stands abated.

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

Dt. 29.8.2006

Safi (S.A. No. 387/1981)


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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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