SHEO NATH versus MALLU

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Sheo Nath v. Mallu - SECOND APPEAL No. 339 of 1985 [2006] RD-AH 17189 (4 October 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 19

Second Appeal No. 339 of 1985

Sheo Nath............................Defendant-appellant

Vs.

Mallu and others...................Plaintiffs-Respondents

Hon. S.P. Mehrotra, J.

List has been revised. Learned counsel for the proposed defendants-appellants nos. 1/1 to 1/5, as mentioned in Civil Misc. (Substitution) Application No. 262 of 1992 (dated 13.1.1992) are not present.

A perusal of the ordersheet shows that on 11.9.2006 also, the learned counsel for the proposed defendants-appellants nos. 1/1 to 1/5 were not present even when the case was taken-up in the revised list.

Again on 18.9.2006, Shri A.K. Pandey, learned counsel for the proposed defendants-appellants nos. 1/1 to 1/5 was not present even when the case was taken-up in the revised list.

In view of the above, there is no option but to dismiss the aforementioned Civil Misc. (Substitution) Application No. 262 of 1992 (dated 13.1.1992) for want of prosecution.

The aforementioned Civil Misc. (Substitution) Application No. 262 of 1992 (dated 13.1.1992) is accordingly dismissed for want of prosecution.

It may be mentioned that the aforementioned Substitution Application has been filed consequent to the death of Sheo Nath (defendant-appellant).

In view of the dismissal of the aforementioned Substitution Application for want of prosecution, the Second Appeal at the instance of the said Sheo Nath (defendant-appellant) stands abated.

The said Sheo Nath was the sole defendant-appellant.

Consequently, the Second Appeal stands dismissed as having abated.

Dt. 4.10.2006

Safi

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